LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 


Class 


LAWS  OF  WISCONSIN 


RELATING   TO 


COMMON    SCHOOLS 


Free  High  Schools,  Normal  Schools 


STATE    UNIVERSITY 


AND 


COUNTY  AND  CITY  SUPERINTENDENTS,  TEACHERS'  INSTITUTES,   ETC, 


PUBLISHED    IN    CONFORMITY   WITH    LAW 
UNDER    THE     DIRECTION    OF 

L.  D.  j-IARYEY,  State  Superintendent 


MADISON,  WIS.: 
PEMOCRAT  PRINTINP  COMPANY,  STATE 


/> 

I,  ..«• 


CONTENTS. 


PAGE 

I.  Formation,  Alteration,  Meetings  and  Powers  of  Districts        1-28 

II.     District  Officers 29-51 

III.  Certificates  and  Examinations 52-72 

IV.  The  County  Superintendent 73-85 

V.    Reports 86  91 

VI.     Duties  of  Town  Officers  as  to  Public  Instruction 92-94 

VII.     Assessment  and  Collection  of  District  Taxes 95-97 

VIII.     Borrowing  Money 98-107 

IX.    Schoolhouse  Sites „ 108-111 

X.     Libraries ' 112-119 

XI.    Collection  of  Judgments  Against  School  Districts 120-121 

XII.    Free  High  Schools 122-136 

XIII.  Appeals 137-141 

XIV.  Miscellaneous  Laws 142-176 

X V.    Township  System  of  School  Government 177-191 

XVI.    Of  the  Distribution  of  the  School  -Fund  Income 192-196 

XVII.     Of  the  University 197-205 

XVIII.     Of  Normal  Schools  and  Academies 206-213 

XIX.    The  State  Superintendent .' 214-217 

XX.     Constitutional  Provisions    218-219 

XXI.     Forms 220-250 

Index....,.,  ,  251-389 


TO  SCHOOL  OFFICERS. 


This  volume  is  public  property,  and  belongs  to  the  common 
school  district,  the  high  school  district,  the  township  district,  or 
the  city  or  county  superintendent  district  to  which  it  is  sent. 
The  copy  sent  to  the  district  clerk  is  to  be  kept  in  his  office, 
for  his  own  use  and  that  of  the  other  members  of  the  board,  but 
it  may  be  loaned  to  any  voter  of  the  district,  for  a  time  not  to 
exceed  five  days.  The  book  should  not,  however,  be  loaned  to 
any  one,  if  an  annual,  special,  or  adjourned  meeting  is  to  take 
place  within  ten  days;  it  should  be  kept  in  the  possession  of 
the  clerk,  and  produced  by  him  at  such  meeting,  for  consulta- 
tion by  the  voters. 

The  volume  which  comes  to  each  town  clerk  is  to  be  kept  by 
him  in  his  office,  for  his  official  use,  and  for  the  use  of  the  town 
board  of  supervisors. 

These  volumes  are  the  property  of  the  school  districts,  or  of 
the  towns,  and  not  the  property  of  the  officers  in  whose  posses- 
sion they  may  be  placed.  They  hold  them  only  in  their  official 
capacity.  The  copies  should  be  carefully  preserved,  and  with 
the  other  school  district  or  town  records  and  property,  handed 
over  to  successors  in  office,  and  a  receipt  taken  for  them, 


NOTE  TO  THE  READER. 


This  edition  of  the  school  code  is  rendered  necessary  not  only 
in  consequence  of  the  changes  made  in  the  school  laws  by  the 
legislatures  of  1899  and  1901,  but  also  by  the  fact  that  all  for- 
mer editions  have  been  completely  exhausted.  In  this  edition 
the  laws  relating  to  common  schools,  free  high  schools,  normal 
schools,  and  the  university  of  Wisconsin,  as  well  as  those  re- 
lating to  county  and  city  superintendents,  and  teachers'  insti- 
tutes, are  to  be  found.  No  ma'terial  changes  of  comments  to  be 
found  in  former  editions  have  been  made,  except  when  made 
necessary  by  changes  in  the  law,  recent  decisions  of  .the 
court,  or  correspondence  ha&  sriown  that  some  comment  or  stat- 
ute is  not  clearly  understood.  The  laws  enacted  by  the  legisla- 
tures of  1899  and  1901  will  be  designated  by  the  chapter,  while 
all  enactments  prior  to  1899  will  be  designated  by  the  number 
of  the  section,  as  found  in  Sanborn  &  Berryman's  Annotated 
Statutes  of  1898. 

An  effort  has  been  made  to  place,  as  far  as  possible,  all  the 
laws  relating  to  any  subject  in  their  proper  connection,  and  in 
some  few  instances,  a  section  found  in  the  newly  enacted  chap- 
ter and  closely  related  to  a  law  found  in  another  part  of  the 
volume,  may  be  found  re-printed  in  the  latter  connection. 

Much  care  has  been  taken  to  make  the  index  full  and  com- 
plete in  order  that  the  law  bearing  upon  any  particular  subject 
may  readily  be  found  in  all  its  various  relations, 


THE  SCHOOL  LAWS  OF  WISCONSIN. 


(Chapter  27,  Wisconsin  Statutes.) 

I -FORMATION,  ALTERATION,  MEETINGS,  AND 
POWERS  OF  DISTRICTS. 


FORMATION  AND  ALTERATION  OP  DISTRICTS. 

Authority  of  town  board.  SECTION  412.  The  town  board 
shall  have  power  to  alter  or  unit.*  existing  and  to  form  new  dis- 
tricts. The  territory  of  a  district  shall  be  contiguous  and  em- 
brace not  more  than  thirty-six  square  miles.  If  a  district  con- 
tract debt  it  shall  not  be  so  altered  by  taking  its  territory  as  to 
leave  such  debt  exceeding  five  per  cent,  of  the  last  assessed 
valuation  of  the  taxable  property  remaining  therein. 

By  this  statute,  the  legal  authority  for  determining  school  district 
boundaries  is  vested  in  town  boards.  The  law  clothes  them  with  au- 
thority to  assume  responsibility  in  these  matters  and  take  such 
action  as  their  own  judgments  dictate  to  be  for  the  best  interests  of 
the  district  schools  in  their  charge,  and  as  the  enlightened  public 
sentiment  of  their  towns  approves.  They  may  act  in  the  formation 
of  school  districts  and  the  alteration  of  the  boundaries  thereof  on 
their  own  motion  and  without  waiting  for  a  petition.  By  this  statute, 
the  legislature  has  provided  for  a  systerii  of  district  schools  in  which 
the  district  may  comprise  a  whole  town,  not  exceeding  thirty-six 
square  miles  in  area,  or  such  smaller  area  as  the  town  board  in  its 
discretion  may  determine  in  view  of  local  conditions  and  needs.  A 
number  of  school  districts  in  Wisconsin  thus  comprise  an  entire  town. 
This  law  provides  amply  for  any  needful  school  district  consolidation. 
By  it,  all  existing  school  districts  of  any  town  not  exceeding  thirty- 
six  square  miles  in  area,  may  be  consolidated  by  the  town  board, 
upon  its  own  motion,  into  one  school  district,  when  such  action  Is 
deemed  to  serve  best  the  school  interests  of  the  town;  or  the  town 
may  be  composed  of  two  school  districts,  or  three  school  districts  or 


2  SCHOOL  LAWS   OP  WISCONSIN. 

such  other  number  as  the  town  boafS  may  determine.  Where  the 
town  comprises  only  one  school  district,  such  number  of  school-houses 
may  be  provided  by  the  electors  of  that  school  district  at  any  annual 
or  special  meeting  as  may  be  deemed  necessary,  and  so  located  as  to 
best  serve  their  purposes. 

The  purpose  of  the  provision  requiring  school  districts  to  be  com- 
posed of  contiguous  territory  is  to  secure  districts  as  compact  as  the 
natural  features  of  the  country  will  permit.  It  is  important  that  dis- 
tricts should  embrace  sufficient  wealth  to  enable  them  to  maintain 
efficient  schools  without  oppressive  taxation,  and  school  population 
enough  to  elicit  the  best  efforts  of  the  teacher,  and  to  give  continued 
zest  to  the  school.  Only  compact  and  well  formed  districts  can  secure 
these  results. 

By  section  263,  Wisconsin  Statutes  of  1898,  no  district  which  is  in- 
debted to  the  trust  funds  of  the  state  can  be  altered  by  taking  there- 
from any  land  included  therein  at  the  time  of  obtaining  such  loan, 
until  such  loan  is  fully  paid,  without  the  consent  of  the  land  commis- 
sioners of  the  state,  and  only  upon  such  terms  as  they  shall  prescribe. 

How  altered,  formed,  etc.;  notice  of  first  meeting..  SECTION 
413.  The  town  board  shall  make  a  written  order  describing  the 
territory  affected  by  the  alteration,  union,  or  formation  of  dis- 
tricts and  file  the  same,  within  twenty  days,  with  the  town 
clerk,  and  when  districts  are  to  be  united  or  a  new  district 
formed,  deliver  to  a  taxable  inhabitant  of  the  new  district  their 
notice  in  writing  describing  its  boundaries  and  appointing  a 
time  and  place  for  the  first  district  meeting,  and  therein  direct 
such  inhabitant  to  notify  every  qualified  voter  of  the  district, 
either  personally  or  by  leaving  a  written  notice  at  his  place  of 
residence,  of  the  time  and  place  of  such  meeting  at  least  five 
days  before  the  time  appointed  therefor ;  and  said  inhabitant 
shall  notify  the  voters  of  such  district  accordingly,  and  indorse 
thereon  a  return  containing  the  names  of  all  persons  thus  noti- 
fied, and  said  notice  and  return  shall  be  recorded  as  a  part  of  the 
record  of  the  first  meeting  in  such  district. 

Sections  474,  475,  476,  476a,  statutes  of  1898,  and  chapters  40  and 
342,  laws  of  1901,  authorize  school  districts  to  borrow  money  in  certain 
cases.  For  mode  of  procedure,  see  comments  under  section  476  of 
this  volume.  » 

The  order  forming  a  new  district  should  describe  its  territory  by  the 
government  surveys;  that  is,  the  order  should  describe  the  parcels  of 
land  embraced  in  the  new  district,  and  need  not  contain  the  names  of 
its  inhabitants.  See  Form  No.  1. 

This  section  provides  for  the  formation  of  districts  out  of  new  ter- 
ritory, and  the  order  may  take  effect  immediately.  Section  419  pre- 
scribes the  mode  of  procedure  where  the  new  district  is  formed  in 
whole  or  in  part  from  territory  detached  from  other  school  districts. 

Whenever  practicable,  the  notice  for  "which  this  section  provides 
should  be  read  in  the  hearing  of  each  voter.  Where  this  is  impracti- 
cable a  copy  of  the  notice  must  be  left  at  the  residence  of  the  voter. 

The  notice  for  the  first  meeting  of  the  new  district  must  be  served 
as  early  as  the  sixth  day  before  the  day  named  for  such  meeting,  as 


FORMATION    AND    ALTERATION    OP    DISTRICTS.  3 

the  day  on  which  the  notice  is  served  is  not  counted.     See  Forms  Nos 
2  and  3. 

Not  only  the  names  of  all  persons  notified,  but  the  manner  in  which 
the  notice  was  given  to  them  must  be  embraced  in  the  return  made. 
"All  returning  officers  are  ministerial,  and  are  bound  to  set  forth  in 
their  returns  all  acts  done  by  them,  that  the  proper  tribunal  may 
judge  of  their  sufficiency.  They  are  not  competent  to  judge  of  the 
legality  of  a  notice  or  service;  and  a  return  that  a  precept  has  been 
legally  served,  or  that  the  duty  enjoined  by  the  warrant  has  been 
duly  performed,  would  most  clearly  be  insufficient."  12  Pick.,  206. 

The  return  is  the  only  competent  evidence  of  the  service  of  the 
warrant  and  is  to  be  endorsed  on  the  notice  read  to  the  voters  and 
signed  by  the  person  giving  the  notices.  This  document  should  be 
produced  at  the  first  meeting,  and  filed  with  the  records  of  the  dis- 
trict. See  Form  No.  4. 

Another  method  of  giving  notice.  SECTION  414.  If  such 
notice  be  not  given,  or  if  the  inhabitants  being  so  notified  re- 
fuse to  meet,  or  if  there  be  no  competent  authority  in  the  dis- 
trict to  call  a  special  meeting,  the  town  board  shall  give  and 
cause  to  be  served  the  notice  as  prescribed  in  section  413. 

See  Form  2. 

The  qualifications  of  electors  are  defined  in  sections  428  and  428a. 
The  inhabitants  having  assembled  in  compliance  with  the  call  for 
which  the  section  provides,  the  meeting  should  be  organized  by  the 
election  of  a  chairman  and  clerk  pro  tempore,  and  then  proceed  to  the 
election  of  officers  according  to  the  provisions  of  sections  430  and  431. 
Section  416,  and  the  comments  following,  describe  the  mode  of  pro- 
cedure that  should  follow  the  election  of  a  district  board. 

•:> 

Formation  of  joint  districts.  SECTION  415.  If  a  district  is 
to  be  formed  from  adjoining  towns  the  boards  of  such  towns  shall 
meet,  act  together  and  make  their  joint  written  order  describ- 
ing the  territory  embraced  in  such  district,  signed  by  at  least 
two  of  the  supervisors  of  each  town,  file  the  order  with  the 
town  clerk  of  each  town,  deliver  the  notice  of  formation  to  a 
taxable  inhabitant  of  such  district,  and  cause  the  same  to  be 
served  and  returned  as  prescribed  in  section  413 ;  and  such  dis- 
trict may  be  altered  only  by  the  joint  action  of  such  town  boards 
as  provided  in  section  418.  Districts  become  joint  by  the  di- 
vision of  a  town  without  other  action. 

See  Form  6. 

Ordinary  districts  may  become  joint  districts  by  the  division  of  a 
town,  without  any  further  action.  35  Wis.,  178. 

It  will  be  seen  by  this  section  that  a  joint  district  can  be  formed, 
altered,  or  dissolved  only  by  the  joint  action  of  the  supervisors  of  all 
the  towns  interested,  and  an  order  effecting  any  of  these  changes  must 
be  signed  by  a  majority  of  each  town  board. 

When  a  school  district  lies  partly  in  a  city  or  an  incorporated  vil- 
lage and  the  adjoining  town,  such  district  is  joint  and  the  bounda- 


4  SCHOOL  LAWS  OF  WISCONSIN. 

ries  thereof  can  only  be  altered  by  the  joint  action  of  the  city  coun- 
cil or  the  village  board  of  trustees  and  the  town  board  of  supervisors 
See  section  422  for  definition  of  joint  school  district. 

Notice  for  the  first  meeting  of  a  joint  district  must  also  be  signed 
by  a  majority  of  the  supervisors  of  each  of  the  towns  in  which  any  part 
of  such  district  is  situated. 

District,  when  organized.  SECTION  416.  A  district  shall  be 
deemed  organized  when  any  two  of  the  officers  elected  at  its  first 
legal  meeting  file  with  the  clerk  and  cause  to  be  recorded  in  the 
minutes  of  such  meeting  their  written  acceptances  of  the  offices 
to  which  they  have  been  respectively  elected  or  which  it  has  ex- 
ercised the  franchises  and  privileges  of  a  district  for  the  term 
of  two  years. 

See  Form  7. 

If  two  of  the  officers  elected  are  present,  and  at  once  file  their  ac- 
ceptances with  the  clerk  of  the  meeting,  and  he  records  them,  the 
district  is  then  duly  organized,  and  may  proceed  to  the  transaction 
of  any  other  business,  as  provided  in  section  430.  The  treasurer  is 
not  likely  to  file  an  approved  bond  at  that  time,  but  that  can  be  done 
afterwards.  If  two  of  the  officers  do  not  then  file  their  acceptances, 
the  meeting  should  adjourn  and  await  their  action.  If  the  persons 
elected  at  the  first  meeting,  or  any  of  them,  refuse  to  accept,  the  meet- 
ing may  at  once  proceed  to  elect  others.  The  same  may  be  done  at  an 
adjourned  meeting,  if  notice  of  refusal  to  serve  is  then  received.  The 
district  should  endeavor  to  effect  a  complete  organization,  but  if  after 
reasonable  trial  it  fails  to  secure  more  than  two  officers  by  election, 
the  two  who  have  accepted  may  fill  the  vacancy. 

When  a  district  has  exercised  the  powers  and  enjoyed  the  privileges 
of  a  school  district  for  two  years,  it  is  held  to  be  legally  organized, 
notwithstanding  any  informality  of  proceeding  in  its  organization; 
and  in  the  meantime,  and  until  its  organization  is  set  aside  by  com- 
petent authority,  it  is  the  duty  of  its  officers  to  comply  with  all  the 
requirements  of  the  school  law.  It  is  sufficient  for  them  to  know  that 
it  is  a  district  de  facto.  After  two  years  have  elapsed,  its  organiza- 
tion cannot  be  set  aside  on  account  of  any  alleged  defect  in  its  original 
formation  or  organization. 

Body  corporate;  name.  SECTION  417.  The  word  district  as 
used  in  this  chapter,  unless  otherwise  defined,  means  school  dis- 
trict, and  a  district  lawfully  organized  is  a  body  corporate  and 
possesses  the  usual  powers  of  a  public  corporation  by  the  name 

and  style  of  school  district  (joint)  school  district  number , 

of  the  town   (towns)   of ,  name  of  the  town   (towns)   in 

which  the  district  is  situated.  Such  number  shall  be  designated 
by  the  town  board  or  boards  in  the  order  for  the  formation 
thereof.  The  board  shall  make  its  contracts  in  its  corporate 
name. 

A  school  district,  as  a  corporate  body,  has  perpetual  succession  and 
existence  by  its  corporate  name,  and  may  hold  real  and  personal  estate 
for  its  corporate  purposes.  It  is  a  body  created  by  law,  and  is  wholly 
distinct  from  the  individuals  that  may,  from  time  to  time  compose 


FORMATION    AND    ALTERATION    OF    DISTRICTS.  £ 

it.  It  does  not  become  dissolved,  or  lose  any  of  its  rights,  or  become 
discharged  of  its  obligations  by  a  change  of  its  name,  number  or  boun- 
daries, or  by  becoming  a  joint  district.  (4  Wis.,  79.)  The  number 
of  a  district  should  not  be  changed  when  it  can  be  avoided.  But, 
if  changed,  the  supervisors  shall  direct  the  town  clerk  to  give  Im- 
mediate notice  thereof  to  the  state  superintendent  and  the  county  su- 
perintendent, stating  the  former  number  and  the  new  number  of  the 
district. 

Contracts  made  or  suits  brought  by  a  district,  and  all  writings  in 
which  it  Is  a  party,  require  that  the  name  of  the  district. should  be 
mentioned:  e.  g.,  school-district  number  four,  town  of  Lincoln,  PolJc 
county.  When  district  officers  are  specifically  empowered  by  law  to 
act,  their  names  may.be  mentioned. 

Lost  records,  restoration  of.  SECTION  417a.  If  the  record  of 
the  formation  or  establishment  of  boundaries  of  a  district  be 
lost  or  destroyed,  the  board  of  the  town  or  village  or  the  council 
of  the  city  in  which  such  district  lies  may  make  a  new  record  by 
written  order  entered  in  the  records  of  such  town,  village  or 
city.  Whenever  the  town  or  village  board  or  city  council  shall 
contemplate  making  such  new  record,  they  shall  give  at  least 
five  days'  notice  in  writing  to  the  clerk  of  the  affected  district, 
stating  when  and  where  they  will  be  present  to  make  such  neAV 
record,  and  such  clerk  shall  immediately  notify  the  other  mem- 
bers of  the  board.  Such  order  shall  within  three  days  be  en- 
tered in  the  record  of  the  proper  town,  village  or  city,  and  the 
clerk  thereof  shall  within  the  same  time  file  a  copy  of  such  order 
with  the  clerk  of  said  district.  Any  number  of  districts  may  be 
included  in  one  such  order  or  notice.  In  case  of  the  loss  or  de- 
struction of  the  records  pertaining  to  a  joint  district,  the  clerk 
of  any  town,  village  or  city  in  which  the  district  lies  shall  pro- 
cure and  record  a  certified  copy  of  the  records  of  any  other  town, 
village  or  city  relating  to  such  joint  district,  or  the  board  of  the 
town  or  village,  or  council  of  the  city  in  which  such  joint  dis- 
trict lies  may  meet  and  act  together  in  the  making  of  such  new 
record.  An  order  made  pursuant  to  this  section  or  the  record 
thereof  shall  be  presumptive  evidence  of  the  regularity  of  all 
prior  proceedings  pertaining  thereto,  of  the  legality  of  the 
formation  of  such  district,  of  the  boundaries  thereof,  and  of 
the  loss  or  destruction  of  the  record  of  its  formation.  Parties 
conceiving  themselves  aggrieved  by  any  decision  made  under  the 
foregoing  provisions  may  appeal  therefrom  in  the  manner  pro- 
vided by  section  497. 

Notice  of  hearing.  SECTION  418.  Whenever  the  town  board 
shall  contemplate  an  alteration  of  a  district  they  shall  give  at 


(3  SCHOOL  LAWS   OF  WISCONSIN. 

least  five  days'  notice  in  writing  to  the  clerk  of  tfc'e  district  or 
districts  to  be  affected  thereby,  stating  in  such  notice  when  and 
where  they  will  be  present  'to  decide  upon  such  proposed  alter- 
ation; and  such  clerk  or  clerks  shall  immediately  notify  "the 
other  members  of  the  board.  No  territory  shall  be  detached 
from  one  district  unless  by  the  same  order  it  be  attached  to 
another;  and  a  district  may  be  dissolved  by  attaching  all  its 
territory  to  other  districts. 

See  Form  No.  8. 

Great  care  should  be  exercised  in  giving  the  preliminary  notices, 
as  town  boards  have  no  authority  to  alter  the  boundaries  of  school 
districts  unless  the  required  notices  are  given.  There  is  no  presump- 
tion that  notices  have  been  given,  and  a  recital  in  the  order  of  the 
board  to  the  effect  that  they  have  been  given  is  not  prima  fade 
evidence  of  the  fact.  Moreover,  the  district  officers  cannot  waive  no- 
tice. 60  Wis.,  395;  29  Wis.,  419. 

The  board  acquires  no  jurisdiction  to  make  the  change,  unless  the 
giving  of  the  notices  be  authorized  at  a  meeting  of  the  supervisors 
duly  held.  106  Wis.,  475. 

The  returns  of  the  persons  serving  the  notices  required  by  this  sec- 
tion should  bear  the  admission  of  service  of  the  district  clerks  en- 
dorsed thereon,  and  these  should  be  attached  to  the  order  changing 
the  boundaries  of  districts,  and  should  be  filed  with  it  in  the  office 
of  the  town  clerk,  so  that  evidence  that  the  proper  notices  were  given 
may  be  accessible  at  all  times. 

It  will  be  noticed  that  the  language  of  the  statute  is — "Whenever 
the  town  board  shall  contemplate,"  etc.  This  implies  that  town  boards 
may  act  in  the  formation  and  alteration  of  the  boundaries  of  school 
districts  on  their  own  motion,  and  without  waiting  for  a  petition. 
Town  boards  are,  indeed,  the  guardians  of  school  interests  and  ought 
to  assume  responsibility  in  these  matters,  whenever,  in  their  own 
judgments,  the  best  interests  of  the  schools  demand  it.  When  these 
boards  act  on  petition,  their  action  is  not  limited  by  the  demands  of 
the  petitioners. 

Order,  filing  of;  when  in  effect.  SECTION  419.  In  all  cases 
where  an  alteration  of  the  boundaries  of  a  school  district  sball 
be  made  the  town 'board  stall,  within  three  days  thereafter, 
give  notice  thereof  by  filing  a  copy  of  the  order  so  altering  the 
same  with  the  town  clerk  and  with  the  clerks  of  the  districts  af- 
fected by  such  alteration;  and  no  alteration  of  any  school  dis- 
trict made  without  the  consent  of  a  majority  of  the  district 
boards  indorsed  on  such  order  shall  take  effect  until  three 
months  after  notice  given  as  above  specified,  unless  such  alter- 
ation is  made  in  compliance  with  the  order  of  the  state  super- 
intendent given  in  the  decision  of  an  appeal;  nor  shall  any  al- 
teration of  an  organized  district  be  made  to  take  effect  between 
the  first  day  of  December  in  any  year  and  the  first  day  of  April 
following. 

See  Form  No,  9. 


FORMATION  AND  ALTERATION  OF  DISTRICTS.          f 

Failure  to  file  the  order  with  the  town  clerk  does  not  avoid  the  divi- 
sion; 11  Wis.,  29.  It  should,  however,  be  filed  promptly,  as  the  Infor- 
mation is  necessary  for  the  guidance  of  the  town  clerk  and  of  the 
district  clerks.  It  will  be  noticed  that  the  order  may  be  made  to  take 
effect  immediately  when  the  consent  of  a  majority  of  the  boards  of 
the  districts  affected  by  it  is  indorsed  thereon.  Bach  district  board 
acts  as  a  unit,  so  that  the  consent  of  two  boards  where  three  districts 
are  interested  is  sufficient  to  authorize  the  supervisors  to  give  imme- 
diate effect  to  their  order. 

No  action  can  be  taken  by  the  voters  of  a  new  district  until  the 
order  forming  the  district  takes  effect;  it  follows  that  the  notice  for 
a  first  meeting  should  not  antedate  the  time  at  'which  the  order  cre- 
ating the  district  becomes  effective. 

Joint  districts,  alteration  of.  SECTION  41 9 a,  (as  amended  by 
Chap.  348,  Laws  of  1901.)  Whenever  an  application  in  writing, 
describing  and  clearly  setting  forth  by  use  of  usual  and  definite 
terms  and  having  for  its  purpose  the  alteration  of  tfc'e  'bounda- 
ries of  any  joint  district,  signed  by  not  less  than  two-thirds 
of  the  voters  residing  in  the  joint  district,  or  one-third  of  the 
voters  residing  in  the  territory  comprising  all  the  districts  to 
be  affected  by  said  proposed  alterations,  shall  be  presented  to 
the  chairman  of  the  town,  the  mayor  of  the  city  or  president 
of  the  board  of  trustees  of  the  village,  in  which  the  school 
house  of  such  joint  district  may  be  situated,  such  chairman, 
mayor  of  the  city,  or  president  of  the  village  board,  shall,  upon 
receipt  of  such  application  or  petition,  fix  a  time  for  the  joint 
meeting  of  the  town  boards  of  supervisors,  and  the  city  coun- 
cil, or  the  village  board  of  trustees  of  all  the  municipalities 
in  any  way  affected  by  said  proposed  change,  which  time  shall 
not  be  less  than  ten  or  more  than  twenty  days  after  the  presenta- 
tion to  said  officer  of  such  petition  or  application.  The  officer 
to  whom  the  application  or  petition  is  presented  shall  cause 
a  written  notice  of  the  time  and  place  of  such  meeting  to  be 
given  to  each  supervisor,  member  of  the  city  council,  or  mem- 
ber of  the  village  board  of  trustees  entitled  to  be  present  at 
such  meeting,  which  notice  shall  be  served  at  least  five  days 
prior  'to  the  date  fixed  therefor.  Such  meeting  shall  b©  held 
at  the  school-house  in  such  joint  district  unless  some  other  con- 
venient place  shall  be  designated  in  the  notice.  If  the  chair- 
man of  the  town,  mayor  of  the  city  or  president  of  the  board 
of  village  trustees,  as  the  case  may  be,  to  whom  such  applica- 
tion shall  be  presented,  neglect  or  refuse  to  fix  the  time  and 
place  or  to  give  notice  for  the  meetings  as  provided  by  this  sec- 
tion, or  if  the  supervisors,  the  city  council,  or  the  board  of  vil- 
lage trustees,  or  a  majority  thereof,  of  any  town,  city  or  village 


8  SCHOOL  LAWS   OF  WISCONSIN. 

in  any  way  interested  or  affected  by  the  proposed  change  of 
school  district  boundaries,  neglect  or  refuse  to  be  present  at 
such  meeting,  or  being  present,  neglect  or  refuse  to  hear  and 
vote  upon  the  application  before  them,  the  application  shall 
be  deemed  denied,  and  an  appeal  may  be  had  therefrom  in  sim- 
ilar manner,  and  with  like  effect  as  in  other  cases  of  denial. 
The  provisions  of  section  418,  419,  422,  and  497  shall,  as  far 
as  may  be  applicable,  apply  to  the  above  proceedings. 

This  section  provides  a  remedy,  in  the  way  of  appeal  to  the  state 
superintendent,  where  the  officer  whose  duty  it  is  to  give  notice  of  the 
time  and  place  of  meeting  of  supervisors  for  hearing  and  determining 
upon  proposed  alterations  of  joint  school  districts,  neglects  or  refuses 
to  give  such  notice,  and  where  supervisors  neglect  or  refuse  to  at- 
tend such  meeting  when  called.  The  act  also  specifies  the  preliminary 
steps  to  be  taken  by  persons  intending  to  make  use  of  this  remedy 
by  appeal,  for  neglect  or  refusal.  Where  there  is  no  neglect  or  refusal 
to  act,  there  is  no  heed  for  either  of  the  petitions  referred  to,  nor 
does  the  act  prevent  procedure  under  sections  418,  419,  420,  and  422 
of  this  chapter.  Too  great  care  cannot  be  exercised  by  interested 
parties  in  taking  proceedings  under  this  section.  The  rules  and  regu- 
lations governing  appeals  to  the  state  superintendent  are  given  in 
the  comments  following  section  497. 

Division  of  property.  SECTION  420.  If  a  new  district  be 
formed,  in  whole  or  in  part,  from  one  or  more  districts  possessed 
of  a  school-house  or  entitled  to  other  property  the  town  board, 
at  the  time  of  forming  such  new  district,  shall  determine  the 
proportion  of  the  value  of  the  school-house  and  other  property 
justly  due  to  such  new  district  according  to  the  taxable  prop- 
erty of  the  respective  parts  of  such  former  district  at  the  time 
of  the  division,  and  such  amount  of  any  debt  due  from  'the 
former  district  which  would  have  been  a  charge  upon  the  new 
had  it  remained  in  the"  former  district  shall  be  deducted  from 
sucl](  proportion. 

Collection  and  application  of  money.  SECTION  421.  The 
town  board  shall  certify  to  the  district  clerk  of  each  district 
retaining  a  school-house  or  other  property  the  amount  as- 
certained by  them  as  the  proportion  due  to  the  new  district, 
and  such  amount  shall  be  embodied  in  the  next  statement  of 
taxes  to  be  made  by  the  district  clerk  to  the  town  clerk  as 
required  by  section  472,  and  shall  be  collected  and  paid  to  the 
treasurer  of  the  new  district  to  be  applied  toward  providing  a 
school-house  therefor ;  and  the  money  so  received  shall  be  al- 
lowed to  the  credit  of  the  taxable  property  taken  from  the  dis- 
trict paying  the  same  in  reduction  of  any  tax  imposed  on  said 


FORMATION    AND    ALTERATION    OP    DISTRICTS. 


9 


taxable  property  in  the  new  district  for  the  building  of  the 
school-house ;  but  in  case  the  new  district  shall  have  raised  a  tax 
and  provided  a  school-house  before  the  receipt  of  such  money, 
the  treasurer  thereof  shall  pay  on  demand  to  each  taxpayer  re- 
siding in  the  'territory  taken  from  the  district  paying  the  same 
the  amount  actually  paid  by  him  in  school-house  taxes  in  ex- 
cess of  the  amount  he  would  have  paid  if  the  money  had  been 
received  and  credit  given  before  such  taxes  were  collected,  and 
the  treasurer  shall  be  liable  therefor  on  his  official  bond. 

See  Form  No.  10. 

When  territory  is  merely  transferred  from  one  district  to  another, 
no  claim  will  lie  against  the  district  yielding  territory  on  account  of 
property. 

By  "property"  is  meant  lands,  tenements,  hereditaments,  money, 
goods,  chattels,  things  in  action,  and  evidences  of  debt.  The  division 
of  the  share  of  the  income  of  the  school  fund  is  further  discussed  in 
and  under  section  558,  as  amended  by  chapter  450,  laws  of  1901,  and 
section  554,  as  amended  by  chapter  115,  laws  of  1899. 

Alteration  of  district  in  town  and  village,  etc.  SECTION  422, 
(as  amended  by  Chapter  304,  Laws  of  1901).  Whenever  any 
school  district  in  this  state  shall  be  comprised  partly  of  tbe  ter- 
ritory of  any  city  or  an  incorporated  village  and  partly  of  the 
terri'tory  of  an  adjoining  town  or  towns,  it  shall  be  and  for  all 
intents  and  purposes  shall  be  considered  as  a  joint  school  dis- 
trict which  may  be  dissolved  or  the  boundaries  of  which  may 
be  changed  only  by  the  joint  action  of  the  city  or  common  coun- 
cil of  the  city  or  the  trustees  of  the  village  as  the  case  may 
be  and  tt-e  board  or  boards  -of  supervisors  of  the  town  or  towns 
in  which  any  part  or  parts  of  said  joint  school  district  may  be 
situated  and  only  in  the  same  manner  in  which  any  other  joint 
district  may  be  altered  or  dissolved,  but  no  new  joint  district  em- 
bracing a  part  of  any  city  shall  be  hereafter  formed. 

The  appraisal  and  award  should  be  made  at  the  time  of  the  forma- 
tion of  the  new  district  but  will  be  legal  if  necessarily  delayed. 

If  the  duty  is  wholly  neglected  by  the  supervisors,  or,  the  award 
being  made  by  them,  if  the  clerk  of  the  old  district  neglects  his  duty, 
the  remedy  in  either  case  is  by  mandamus. 

No  vote  of  the  old  district  is  required  to  raise  the  amount  to  which 
the  new  district  becomes  entitled  under  the  action  contemplated  by 
section  421.  This  tax  cannot  be  collected  as  a  special  district  tax;  it 
must  be  returned  to  the  town  clerk  by  the  district  clerk,  as  certified 
to  him  by  the  town  board. 

The  duty  of  making  an  equitable  division  of  the  property  of  the  dis- 
trict retaining  the  schoolhouse,  here  imposed  upon  the  town  board,  Is 
mandatory,  and  no  agreement  or  condition  recited  in  the  order  for 
division  of  territory  will  relieve  the  board  of  this  duty.  An  agree- 
ment to  consent  to  the  division  of  a  district  in  consideration  of  the 


10  SCHOOL  LAWS   OF  WISCONSIN. 

surrender  of  property  rights  by  the  new  district  is  void.     63  Wis., 
337;  81  Wis.,  428;  87  Wis.,  533. 

In  case  the  new  district  raises  a  tax  for  the  purpose  of  building 
a  schoolhouse  before  any  money  is  received  from  any  or  all  of  the 
old  districts  out  of  whose  territory  the  new  district  is  formed,  the 
treasurer  of  the  new  district,  upon  receiving  the  amount  due  from  any 
of  th&  old  districts,  shall  pay  the  same  to  the  tax-payers  residing  In 
the  territory  that  formerly  belonged  to  the  district  paying  ,tne  money. 
The  amount  received  shall  be  apportioned  among  the  proper  persona 
on  the  same  basis  that  served  for  the  collection  of  the  tax. 

Neglect  to  keep  school.  SECTION  423.  If  a  district  for  two 
or  more  successive  years  neglect  to  maintain  school  as  required 
by  law,  the  town  board  of  the  town  embracing  tbe  district  shall 
attach  the  same  to  such  other  adjoining  district  or  districts  in 
the  town  as  they  shall  judge  proper;  and  if  'the  district  be  joint, 
then  tbe  town  boards  shall  attach  the  respective  parts  thereof 
to  other  districts  in  their  respective  towns.  This  section  shall 
not  apply  to  any  district  which  may  provide  for  the  instruction 
of  its  pupils  in  an  adjoining  or  other  district,  as  provided  in 
subdivision  15,  section  430. 

Section  418  allows^  the  town  board  to  extinguish  a  district  by  at- 
taching its  territory  *to  other  districts.  This  section  requires  them  to 
do  so  whenever  a  district  fails  to  maintain  a  school  for  two  successive 
years,  unless  provision  has  been  made  for  the  free  instruction  and 
transportation  of  the  pupils  of  the  district  as  provided  in  sub-divisions 
15  and  16,  of  section  430,  and  of  section  554,  of  the  statutes  of  1898, 
and  chapter  351,  Laws  of  1901.  Failure  to  elect  district  officers  does 
not  of  itself  extinguish  a  district,  as  the  organization  may  be  restored 
in  the  manner  prescribed  by  section  414. 

Property  of  dissolved  district,  SECTION  424.  Whenever  a 
district  shall  be  dissolved  by  reason  of  the  attachment  of  all 
its  territory  to  some  other  district,  the  town  board,  and  in  case 
of  a  joint  district  the  town  boards,  shall  -take  charge  of  the 
property  belonging  to  the  same  at  the  time  of  its  dissolution, 
dispose  of  the  same  by  grant  or  otherwise,  and  apply  the  pro- 
ceeds to  the  discharge  of  its  debts,  paying  over  the  remainder 
if  any,  to  the  treasurer,  and  in  the  case  of  more  than  one  dis- 
trict, to  the  treasurers  of  the  districts  to  which  the  territory 
has  been  attached,  in  proportion  to  the  valuation  of  the  prop- 
erty attached  to  each  as  appears  from  the  last  tax  rolls  of  the 
respective  towns. 

The  supervisors  of  all  the  towns  interested  in  the  dissolution  of  a 
district  must  unite  in  the  sale  of  its  property,  and  in  the  execution 
of  deeds  of  its  real  estate.  They  should  require  cash  payments,  and 
all  conditions  of  sale  should  be  mentioned  in  the  posted  notices.  Un- 
expended and  unappropriated  money  in  the  hands  of  the  district  trea»- 
urer,  is  "property,"  and  is  to  be  divided  by  the  town  board  or  boards. 


SCHOOL  MEETINGS.  ij_ 

Particular  attention  should  be  given  by  town  boards  of  supervisors 
and  trustees  of  villages  to  the  matter  of  recording  the  proceedings 
which  affect  the  formation  and  alteration  of  school  districts. 


MEETINGS. 

Annual;  report  to.  SECTIOK  425.  The  annual  district  meet- 
ing shall  be  held  on  the  first  Monday  of  July  unless  that  be 
a  legal  holiday,  in  which  case  it  shall  be  held  on  the  next  day 
at  seven  o'clock  in  the  afternoon,  unless  another  hour  be  fixed 
by  a  vote  recorded  at  the  last  annual  meeting,  and  any  annual 
meeting  heretofore  or  hereafter  held  shall  be  valid  not- 
withstanding any  provision  to  the  contrary  in  any  special  or 
local  law.  It  shall  be  the  duty  of  the  district  board  to  meet 
on  the  Saturday  immediately  preceding  the  annual  meeting, 
carefully  examine  the  accounts  of  the  treasurer,  and  make  up 
a  full  and  itemized  report  of  all  receipts  and  expenditures  since 
the  last  annual  meeting,  of  the  amount  in  the  hands  of  the 
treasurer  or  the  amount  "of  the  deficit  for  which  the  district 
is  liable,  of  the  amount  necessary  to  be  raised  by  taxes  for  the 
support  of  the  school  for  the  ensuing  year,  and  of  the  amount 
required  to  pay  the  interest  or  principal  of  any  debt  due  or  to 
become  due  during  such  year;  which  report  shall  be  submitted 
in  writing  at  the  annual  meeting  and  recorded  by  the  clerk  at 
length  with  the  action  thereon  in  the  proceedings  of  the  meet- 
ing. 

All  annual  school  district  meetings,  except  in  towns  under  the  town- 
ship system,  are  held  on  the  same  day.  When  the  first  Monday  in 
July  is  the  fourth,  and  when  the  fourth  of  July  occurs  on  Sunday, 
the  annual  meeting  must  be  held  on  the  Tuesday  following. 

The  hour  for  holding  an  annual  district  meeting  is  7  o'clock  in  the 
afternoon,  unless  a  different  hour  was  fixed  by  vote  at  the  previous 
annual  meeting.  District  officers  have  no  power  to  call  an  annual 
meeting  at  any  other  hour  than  that  which  the  law  designates.  34 
Iowa,  306. 

Notice.  SECTION  426.  The  clerk  shall  give  at  least  six  days' 
previous  notice  of  the  annual  meeting  by  posting  notices  there- 
for in  four  or  more  public  places  in  the  district,  one  of  which 
shall  be  affixed  to  tl:te  outer  door  of  the  school-house,  if  there 
be  one  in  the  district;  and  he  shall  give  like  notice  for  any 
adjourned  meeting,  if  the  adjournment  be  for  more  than  one 
month;  but  no  annual  meeting  shall  be  deemed  illegal  for  want 


12  SCHOOL  LAWS  OF  WISCONSIN. 

of  due  notice,  unless  it  shall1  appear  that  the  omission  to  give 
such  notice  was  wilful  and  fraudulent. 

See  Forms  Nos.  11  and  12. 

While  it  is  the  duty  of  the  district  clerk  to  notice  an  annual  school 
district  meeting  according  to  the  provisions  of  this  section,  and  while 
he  may  be  punished  by  fine  for  neglect  or  refusal  to  comply  with  the 
statute,  the  notice  i's  not  essential  to  the  validity  of  the  meeting. 
The  statute  and  not  the  notice  is  the  foundation  of  the  meeting.  6 
Hill,  N.  Y.,  647. 

By  section  430b,  district  clerks  are  required  to  embody  in  the  notice 
for  an  annual  meeting,  the  fact  that  the  question  of  a  change  of  text- 
books will  be  submitted  to  the  meeting,  if  such  be  the  case.  See  com- 
ments on  section  440. 

Special  meetings.  SECTION  427.  Special  meetings  shall  be 
called  by  tb'e  clerk,  or  in  his  absence  by  the  director  or  'treas- 
urer, on  the  written  request  of  five  legal  voters  of  the  district, 
and  notices  thereof  specifying  particularly  the  business  to  be 
transacted  shall  be  posted  in  'the  manner  prescribed  for  calling 
the  annual  meeting;,  and  the  electors  when  lawfully  assembled 
at  a  special  meeting  shall  have  power  to  transact  the  same  busi- 
ness as  at  the  first  of  the  annual  meeting,  except  the  election 
of  officers,  voting  a  tax  to  compensate  the  clerk  and  authorizing 
a  change  in  text-books.  But  no  more  than  one  such  meeting 
to  consider  the  same  subject  shall  be  held  in  the  district  in  the 
same  school  year.  No  tax  or  loan  or  debt  shall  be  voted  at 
^a,  special  meeting  unless  three-fourths  of  the  legal  voters  shall 
have  been  notified  either  personally  or  by  a  written  notice  left 
at  their  places  of  residence,  stating  the  time,  place  and  objects 
of  the  meeting,  and  specifying  the  amount  proposed  to  be  voted, 
at  least  six  days  before  the  time  appointed  therefor,  exclusive 
of  the  day  on  which  the  meeting  is  to  be  held. 

See  Forms  Nos.  13  and  14. 

It  is  the  duty  of  the  clerk  to  call  special  meetings  whenever  requested 
to  do  so  by  the  required  number  of  legal  voters.  The  fact  that  the 
district  clerk  does  not  approve  of  the  objects  sought  by  those  who 
request  him  to  call  a  special  meeting,  is  no  cause  for  refusing  to  com- 
ply with  the  request. 

"When  public  corporations  or  officers  are  authorized  to  perform  an 
act  for  others,  which  benefits  them,  then  the  corporations  or  officers 
are  bound  to  perform  the  act.  The  power  is  given  them  not  for  their 
own,  but  for  the  benefit  of  those  in  whose  behalf  they  are  called  upon 
to  act,  and  such  is  presumed  to  be  the  legislative  intent.  In  such 
cases  they  have  a  claim  de  jure  to  the  exercise  of  the  power."  9  Wis., 
285. 

Any  business  that  can  be  done  at  an  annual  meeting  can  be  done 
at  a  special  meeting,  properly  called,  except  the  election  of  officers, 
voting  a  tax  to  compensate  the  clerk,  and  authorizing  a  change  In 


SCHOOL    MEETINGS— VOTERS. 


13 


text-books.  The  notice  for  a  special  meeting  may  be  given  by  the 
director  or  treasurer  in  case  of  a  vacancy  in  the  office  of  clerk,  or  if 
that  officer  is  absent  or  incapable  of  acting. 

A  special  meeting  may  rescind  any  action*  taken  at  the  annual  meet- 
ing, if  proper  notice  has  been  given;  but  if  rights  have  been  acquired 
by  third  parties,  under  previous  action,  those  rights  cannot  be  set 
aside  by  the  vote  of  the  district.  This  includes  the  rights  of  persons 
elected  to  a  district  office. 

"Six  full  days"  requires  the  notice  to  be  given  as  early  as  on  the 
seventh  day  before  the  time  designated. 

The  personal  notice  required  by  this  section  to  be  given  to  three- 
fourths  of  the  electors  of  the  district  in  all  cases  where  it  is  the 
purpose  of  the  special  meeting  to  vote  a  tax,  loan  or  debt,  should  in- 
clude women,  on  whom  the  right  of  suffrage  in  elections  "pertaining 
to  school  matters,"  is  conferred  by  section  428a. 

Care  should  be  taken  in  naming  the  amount  to  be  raised  at  a  special 
meeting  to  specify  a  sum  equal  to  or  greater  than  that  needed.  It  Is 
competent  for  a  special  meeting  to  raise  a  less,  but  not  competent  for 
it  to  raise  a  greater  sum  than  that  mentioned  in  the  notice. 

All  laws  relating  to  levying  taxes  are  construed  strictly,  and  the  re- 
quirement that  notices  for  a  special  meeting  whose  purpose  is  to  raise 
money  shall  specify  the  amount  to  be  raised  is  mandatory. 

Who  may  vote.  SECTION  428,  (as  amended  by  chap.  233,  laws 
of  1899.)  Every  resident  elector  of  the  district  shall  be  entitled 
to  vote  in  any  meeting,  provided  such  elector  has  resided  there- 
in for  at  least  thirty  days  next  preceding  any  meeting. 

The  qualifications  of  voters  at  a  general  election  are  declared  by 
section  12,  of  the  Wisconsin  statutes,  to  be.  as  follows: 

SECTION  12.  Every  male  person  of  the  age  of  twenty-one  years,  or 
upward,  belonging  to  either  of  the  following  classes,  who  shall  have 
resided  in  the  state  for  one  year  next  preceding  any  election,  and  in 
the  election  district  where  he  offers  to  vote  ten  days  [except  in  the 
case  of  school  district  meetings]  shall  be  deemed  a  qualified  elector 
at  such  election:  , 

1.  Citizens  of  the  United  States. 

2.  Persons  of  foreign  birth  who  shall  have  declared  their  intention 
to  become  citizens,  conformably  to  the  laws  of  the  United  States  on 
the  subject  of  naturalization. 

3.  Persons  of  Indian  blood  who  have  once  been  declared  by  law  of 
congress  to  be  citizens  of  the  United  States,  any  subsequent  law  of 
congress  to  the  contrary  notwithstanding. 

4.  Civilized  persons  of  Indian  descent,  not  members  of  any  tribe. 

5.  Any  civilized  person,  being  a  descendant  of  the  Chippewas  of  Lake 
Superior  or  any  other  Indian  tribe  residing  within   this  state,  and 
not  upon  any  Indian  reservation,  who  shall  make  and  subscribe  to  an 
oath  before  the  clerk  of  the  circuit  court  or  his  deputy  of  the  county 
where  such  person  resides  that  he  is  not  a  member  of  any  Indian 
tribe,  and  has  no  claim  upon  the  United  States  for  aid  and  assistance 
from  any  appropriation  made  by  congress  for  the  benefit  of  Indians, 
and   that  he  thereby   relinquishes  all   tribal   relations,   and   all   right 
to  claim  or  receive  such  aid,  shall  be  entitled,  on  such  oath  being 
filed  and  recorded,  to  vote  at  all  elections  held  in  this  state,  if  he 
is  otherwise  qualified.    The  oath  so  taken,  on  being  corroborated  as 


14  SCHOOL  LAWS  OP  WISCONSIN. 

to  the  residence  and  tribal  relations  of  such  person  by  the  affidavit 
of  a  qualified  elector,  shall  be  filed  in  the  office  of  the  clerk  before 
whom  it  was  taken  and  recorded  by  him  in  a  book  to  be  provided 
for  that  purpose,  upon  such  person  paying  to  said  clerk  the  sum  of 
one  dollar. 

Every  person  convicted  of  bribery  shall  be  excluded  from  the  right 
of  suffrage,  unless  restored  to  civil  rights;  and  no  person  who  shall 
have  made  or  become  directly  or  indirectly  interested  in  any  bet  or 
wager,  depending  upon  the  result  of  any  election,  at  which  he  shall 
offer  to  vote,  shall  be  permitted  to  vote  at  such  election. 

Women  may  vote.  SECTION  428a,  (as  amended  by  chap.  233  ; 
laws  of  1899).  Every  woman  who  is  a  citizen  of  this  state,  of 
tBe  age  of  twenty-one  years  or  upwards,  except  paupers,  per- 
sons under  guardianship  and  persons  otherwise  excluded  by 
section  2  of  article  3  of  the  constitution  of  Wisconsin,  who  has 
resided  in  the  state  one  year,  and  in  the  election  district  where 
she  offers  to  vote,  'thirty  days  next  preceding  any  election  per- 
taining to  any  school  matters,  shall  bave  a  right  to  vote  at  such 
election. 

By  this  law  all  voters  at  school  district  meetings,  either  annual 
or  special,  are  required  to  reside  at  least  thirty  days  in  the  district 
previous  to  the  date  of  the  school  meeting.  This  is  a  radical  change 
in  the  election  law  and  should  receive  especial  attention  in  order 
that  difficult  and  annoying  questions  may  not  arise  in  the  management 
of  school  district  matters. 

The  above  section  does  not  confer  upon  women  the  unlimited  right 
of  suffrage,  but  it  does  confer  upon  them  the  right  to  vote  upon  any 
and  all  questions  that  can  be  legally  considered  at  any  regularly  called 
annual  or  special  school  district  meeting.  The  words  "any  election 
pertaining  to  school  matters"  renders  the  limitation  to  the  privilege 
conferred  by  the  section  manifest.  71  Wis.,  239,  251;  75  Wis.,  543;  and 
chapter  285.  laws  of  1901. 

SECTION  69.  In  determining  the  question  of  residence  as  a  qualifi- 
cation to  vote,  the  following  rules,  so  far  as  applicable,  shall  govern, 
and  if  a  person  offering  to  vote  be  challenged  as  unqualified  on  the 
ground  of  residence,  the  inspector  shall  admonish  him  of  such  rules 
and  put  to  him  such  further  questions  as  shall  be  proper  to  elicit  the 
facts  in  respect  thereto,  namely: 

First. — As  prescribed  in  the  constitution,  no  person  shall  be  deemed 
to  have  lost  his  residence  in  this  state  by  reason  of  his  absence  on 
business  of  the  United  States,  or  this  state;  and  no  soldier,  seaman 
or  marine,  in  the  army  or  navy  of  the  United  States,  shall  be  deemed 
a  resident  of  this  state  in  consequence  of  being  stationed  within  the 
same. 

Second. — That  place  shall  be  considered  and  held  to  be  the  residence 
of  a  person,  in  which  his  habitation  is  fixed  without  any  present  in- 
tention of  removing  therefrom  and  to  which,  whenever  he  is  absent, 
he  has  the  intention  of  returning. 

Third. — A  person  shall  not  be  considered  or  held  to  have  lost  his 
residence,  who  shall  leave  his  home  and  go  into  another  state,  or 
county,  town,  or  ward  of  this  state,  for  temporary  purposes  merely, 
with  an  intention  of  returning. 


SCHOOL    MEETINGS— VOTERS.  ^5 

Fourth. — A  person  shall  not  be  considered  to  have  gained  a  residence 
in  any  town,  ward,  or  village  of  this  state  into  which  he  shall  have 
come  for  temporary  purposes  merely. 

Fifth. — If  a  person  remove  to  another  state  with  an  intention  to 
make  it  his  permanent  residence,  he  shall  be  considered 'and  held  to 
have  lost  his  residence  in  this  state. 

Sixth. — If  a  person  remove  to  another  state  with  the  intention  of 
remaining  there  for  an  indefinite  time,  and  as  a  place  of  present  resi- 
dence, he  shall  be  considered  and  held  to  have  lost  his  residence  in 
this  state,  notwithstanding  he  may  entertain  an  intention  to  return 
at  some  future  period. 

Seventh. — The  place  where  a  married  man's  family  resides  shall  gen- 
erally be  considered  and  held  to  be  his  residence,  but  if  it  is  a  place 
of  temporary  establishment  for  his  family  or  for  transient  objects, 
it  shall  be  otherwise. 

Eighth. — If  a  married  man  has  his  family  fixed  in  one  place,  and 
he  does  his  business  in  another,  the  former  shall  be  considered  and 
held  to  be  his  place  of  residence. 

Ninth. — The  mere  intention  to  acquire  a  new  residence  without  the 
fact  of  removal,  shall  avail  nothing;  neither  shall  the  fact  of  removal 
without  intention. 

Tenth. — If  a  person  shall  go  into  another  state,  and  while  there  ex- 
ercise the  right  of  a  citizen  by  voting,  he  shall  be  considered  and  held 
to  have  lost  his  residence  in  this  state. 

Eleventh. — No  person  shall  be  deemed  to  have  gained  a  residence  in 
any  town,  ward  or  village  in  this  state,  so  as  to  entitle  him  to  vote 
at  any  election  therein,  by  remaining  in  such  town,  ward,  or  village 
as  a  pauper  supported  by  the  town,  village  or  county  in  which  lie 
shall  be  living  at  the  time  of  such  election;  and  no  person  shall  be 
deemed  to  have  lost  his  residence  in  any  town,  ward  or  village,  by 
remaining  in  any  other  town,  ward,  or  village  as  such  pauper. 

Twelfth. — If  an  unmarried  person  sleeps  in  one  ward  and  boards  in 
another,  the  place  where  he  sleeps  shall  be  considered  his  residence. 

Thirteenth. — If  an  unmarried  person  be  employed  on  a  railroad, 
boat  or  stage  line  and  boards  at  different  places,  if  one  of  those  places 
be  with  his  parents  that  place  shall  be  considered  his  residence  un- 
less he  has,  by  registering  to  vote  elsewhere  or  by  the  performance 
of  some  other  kindred  act  elected  some  other  place  as  his  residence. 
If  he  has  no  parents  and  has  not  registered  at  any  other  place,  he 
shall  be  asked:  Do  you  consider  this  your  place  of  residence,  and 
have  you  so  considered  it  for  the  past  ten  days  in  preference  to  any 
other  place?  If  he  answers  in  the  affirmative  he  shall  be  entitled  to 
all  the  privileges  and  be  subject  to  all  of  the  duties  of  other  citizens 
in  such  place  in  the  matter  of  voting,  jury  service,  poll  taxes  and  as- 
sessments for  taxes. 

Fourteenth. — Each  inmate  of  any  national  or  state  home  for  soldiers 
in  this  state  shall  be  deemed  to  reside  in  the  town,  city  or  village  in 
which  said  home  shall  be  located,  and  in  the  election  district  in  which 
he  shall  sleep. 

SECTION  428ft,  (as  amended  by  chap.  285,  laws  of  1901.) 
Every  woman  who  is  a  citizen  of  this  state,  of  the  age  of  twen- 
ty-one years  or  upwards  (except  paupers,  persons  under  guar- 
dianship, and  persons  otherwise  excluded  by  section  two  of  ar- 
ticle three  of  the  constitution  of  Wisconsin),  who  has  resided 


16  SCHOOL  LAWS   OF  WISCONSIN. 

within  the  state  one  year,  and  in  the  election  district  where 
she  offers  to  vote,  ten  days  next  preceding  any  election  pertain-* 
ing  to  school  matters,  shall  have  a  right  to  vote  at  such  elec- 
tion. Separate  ballot  boxes  shall  be  furnished  at  every  election 
precinct  in  this  state  at  'every  primary,  general,  municipal  or 
special  election  for  the  use  of  women  desiring  to  vote  on  said 
school  matters,  and  separate  ballots  shall  also  be  .provided  at 
said  elections  for  the  use  of  said  women. 

This  chapter  was  enacted  for  the  purpose  of  extending  the  privi- 
lege of  suffrage  to  women.  Heretofore,  the  privilege  of  voting  for 
school  officers  has  been  restricted  to  such  officers  elected  at  annual 
or  adjourned  school  district  meetings  only.  This  chapter  evidently 
extends  the  privilege  to  vote  for  school  officers  at  general  and  mu- 
nicipal elections,  as  well  as  at  school  district  elections,  and  under  the 
same  conditions  regarding  age  and  residence  that  are  imposed  upon 
male  citizens. 

Proceedings  on  challenge.  SECTION  429.  If  any  person  of- 
fering to  vote  at  a  school  district  meeting  shall  be  challenged 
as  unqualified  by  any  legal  voter  in  such  district  the  chairman 
presiding  at  such  meeting  shall  declare  to  the  person  challenged 
the  qualifications  of  a  voter;  and  if  such  person  shall  declare 
that  he  is  a  voter  and  if  such  challenge  shall  not  be  withdrawn 
the  chairman  shall  tender  him  the  following  oath  or  affirma- 
tion: You  do  solemnly  swear  (or  affirm,  as  tbe  case  may  be) 
that  you  are  an  actual  resident  of  this  school  district  and  that 
you  are  qualified  according  to  law  to  vote  at  this  meeting.  And 
every  person  taking  such  oath  or  affirmation  shall  be  permitted 
to  vote  on  all  questions  proposed  at  such  meeting;  and  if  the 
person  shall  refuse  to  take  such  oath  or  affirmation  his  vote  shall 
be  rejected. 

The  questions  which  may  be  asked  by  inspectors  of  elections  of  per- 
sons whose  votes  are  challenged,  and  the  rules  for  determining  the 
legal  qualifications  of  electors  are  given  in  sections  68  and  69,  of  the 
Wisconsin  statutes,  and  are  printed  here  for  convenience.  The  chair- 
man of  a  district  meeting  can  not,  like  an  inspector  of  elections,  re- 
quire the  person  challenged  to  answer  the  questions  under  oath. 

SECTION  68.  Each  inspector  shall,  and  any  elector  may,  challenge 
every  person  offering  to  vote  whom  he  shall  know  or  suspect  not 
to  be  duly  qualified  as  an  elector.  If  such  a  person  is  challenged  as 
unqualified  one  of  the  inspectors  shall  tender  to  him  the  following 
oath  or  affirmation:  You  do  solemnly  swear  (or  affirm)  that -you  will 
fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you  touch- 
ing your  place  of  residence  and  qualifications  as  an  elector  of  this 
election;  and  shall  thereupon  put  questions  as  follows: 

First.  If  a  person  be  challenged  as  unqualified  on  the  ground  that 
he  is  not  a  citizen  and  has  not  declared  his  intention  to  become  a 
pitizen; 


SCHOOL    MEETINGS— VOTERS. 


17 


1.  Are  you  a  citizen  of  the  United  States?     If  no,  then — 

2.  Have   you   declared    your    intention   to   become   a   citizen   of   the 
United  States  conformably  to  the  laws  of  the  United  States? 

3.  When  and  where  did  you  declare  your  intention  to  become  a  citi- 
zen of  the  United  States? 

Second.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  has  not  resided  in  this  state  for  one  year  immediately  preceding 
the  election: 

1.  How  long  have  you  resided  in  this  state  immediately  preceding 
this  election? 

2.  Have  you  been  absent  from  this  state  within  the  year  immediately 
preceding  this  election?     If  yes,  then — 

3.  When  you  left,  did  you  leave  for  a  temporary  purpose,  with  the 
design  of  returning,  or  for  the  purpose  of  remaining  away? 

4.  What  state  or  territory  did  you  regard  as  your  home  while  ab- 
sent? 

5.  Did  you,  while  absent,  vote  in  any  other  state  or  territory? 
Third.     If  the  person  be  challenged  as  unqualified  on  the  ground 

that  he  is  not  a  resident  of  the  town,  ward  or  village  where  he  offers 
his  vote: 

1.  When  did  you  last  come  into  this  town,  ward  or  village? 

2.  Did  you  come  for  a  temporary  purpose  merely,  or  for  the  purpose 
of  making  it  your  home? 

3.  Did  you  come  into  this  town,  ward  or  village  for  the  purpose  of 
voting  therein? 

4.  Are  you  now  and  have  you  been  for  the  last  ten  (thirty  days  in 
the  case  of  school  district  meetings)    days  an  actual  resident  of  this 
town,  ward  or  village,  and  what  is  the  particular  description,  name 
and  location  of  your  residence? 

5.  Have  you  registered  to  vote  at  this  election  at  any  other  place 
within  this  state? 

Fourth.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  is  not  twenty-one  years  of  age:  Are  you  twenty-one  years  of 
age  to  the  best  of  your  knowledge  and  belief? 

Fifth.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  has  made  or  become  directly  or  indirectly  interested  in  any 
bet  or  wager  depe:  ding  upon  the  result  of  such  election : 

1.  Have  you  made  in  any  manner  any  bet  or  wager  depending  upon 
the  result  of  this  election,  or  on  the  election  of  any  person  for  whom 
votes  may  be  cast  at  this  election? 

2.  Are  you  in  any  manner,  directly  or  indirectly,  interested  in  any 
bet  or  wager  depending  in  any  way  whatever  upon  the  result  of  this 
election? 

Sixth.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  has  been  convicted  of  treason,  felony  or  bribery  and  mot  sub- 
sequently restored  to  civil  rights: 

1.  Have  you  been  tried  or  convicted  in  this  state  of  any  crime?     If 
yes— 

2.  Of  what  crime,  when  and  in  what  court  were  you  so  convicted? 

3.  Have  you  in  any  manner  since  such  conviction  been  restored  to 
civil  rights,  and  if  yes,  how? 

Seventh.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  has  been  engaged,  directly  or  indirectly,  in  a  duel,  either  as 
principal  or  accessory: 

1.  Have  you  ever  been  engaged  in  any  duel,  directly  or  indirectly, 
either  as  principal  or  as  a  second,  or  in  counseling  or  aiding  either 
principal  or  second  in  a  duel?    And  if  yes,  then — 
2 


IS  SCHOOL  LAWS  OP  WISCONSIN. 

2.  When  and  where,  and  had  you  before  that  time  been  an  inhabitant 
of  this  state? 

Eighth.  If  the  person  be  challenged  as  unqualified  on  the  ground 
that  he  is  a  person  of  Indian  descent,  a  member  of  an  Indian  tribe 
or  an  uncivilized  Indian: 

1.  Are  you  a  person  of  Indian  descent? 

2.  Of  what  tribe  or  nation  are  you  a  descendant? 

3.  Are  you  now  a  member  of  any  Indian  tribe? 

4.  Have  you  received  any  annuity  from  the  United   States  or  any 
agent  thereof,  or  shared  in  any,  .and,  if  so,  when  did  you  last  so  receive 
or  share  in  any? 

The  inspectors,  or  one  of  them,  shall  put  such  other  questions  to 
the  person  challenged  as  may  be  necessary  to  test  his  qualifications 
as  an  elector  at  such  election. 


POWERS  OF  DISTRICTS. 

Powers  of  meeting.  SECTION  430.  The  inhabitants  of  any 
school  district  qualified  by  law  to  vote  at  a  school  district  meet- 
ing when  assembled  at  the  first  and  at  each  annual  meeting  in 
their  district  or  at  any  adjournment  thereof  in  their  district 
shall  have  power: 

1'.  To  appoint  a  chairman  for  the  time  being,  and  in  the  ab- 
sence of  the  clerk  to  appoint  some  person  to  act  in  his -stead,  and 
the  person  so  appointed  shall  certify  the  proceeding's  of  such 
meeting  to  the  district  clerk,  who  shall  enter  the  same  in  the 
records  of  the  district  and  file  and  preserve  tbe  certificate  of 
such  temporary  clerk. 

When  the  inhabitants  of  a  district  are  assembled  at  any  regularly 
called  meeting,  it  is  competent  for  any  elector  to  call  the  meeting  to 
order,  to  nominate,  or  to  ask  some  one  to  nominate  a  chairman,  and  to 
put  the  question  and  declare  the  result.  If  the  director  of  the  dis- 
trict be  present,  it  is  proper  for  him  to  do  this.  If  the  district  clerk 
be  not  present  the  chairman  will  announce  the  fact  and  ask  that  a 
clerk  be  appointed  pro  tempore.  The  meeting  will  be  governed  by  the 
common  rules  of  deliberative  assemblies.  The  chairman  should  be  an 
elector,  and  so  entitled  to  vote  on  all  questions. 

2.  To  adjourn  from  time  to  time  as  occasion  may  require. 

The  statute — section  426 — provides  that  when  an  annual  meeting  is 
adjourned  for  more  than  one  month,  notice  shall  be  given  of  the  time 
and  place  of  holding  such  meeting  in  the  same  manner  that  notice  of 
the  original  meeting  was  given. 

3.  To  choose  a  director,  treasurer  and  clerk.     The  election 
of  all  officers  shall  be  by  ballot  and  a  majority  of  all  the  votes 
cast  shall  be  necessary  for  a  choice. 


POWERS    OF    DISTRICTS.  ^9 

School  boards  of  seven  members.  (Chapter  317,  laws  of  1899, 
as  amended  by  chap.  205,  laws  of  1901.)  SECTION"  1.  Any 
school  district  containing  within  its  boundaries  a  city  in  which 
a  high  school  is  maintained  and  which  expends  annually  in 
the  maintenance  of  its  schools,  a  sum  exceeding  four  thousand 
dollars,  may  upon  determining  so  to  do  by  tL'e  vote  of  the  elec- 
tors present  at  any  annual  school  meeting  held  in  such  school 
district,  have  a  district  board  comprising  seven  members  which 
shall  be  known  as  the  school  board  of  the  city,  comprising  in 
whole  or  in  part  such  district,  three  of  whom  shall  be  the  di- 
rector, treasurer  and  clerk,  as  now  provided  by  law,  who  shall 
each  discharge  the  separate  duties  now  imposed  upon  him  by 
law,  and  shall  be  elected  and  hold  office  for  the  term  now  pro- 
vided by  law.  And  all  directors,  clerks  and  treasurers  now  in 
office  in  such  districts,  shall  continue  in  their  respective  offices 
during  the  full  term  for  which  they  were  elected.  The  remain- 
ing four  members  of  such  district  board,  shall  be  elected  as 
school  district  officers  are  now  required  to  be  elected,  at  the 
annual,  school  meeting  which  may  adopt  this  act;  two  of  said 
four  shall  be  elected  for  the  period  of  one  year  and  the  remain- 
ing two  for  the  period  of  two  years  and  until  their  successors 
have  been  elected  or  appointed:  At  every  succeeding  annual 
school  meeting  in  such  district,  there  shall  be  elected  in  addi- 
tion to  a  director,  clerk  or  treasurer,  as  the  case  may  be,  two 
of  such  additional  members  of  such  board,  who  shall  hold  their 
office  for  two  years  and  until  their  successors  are  elected  or  ap- 
pointed. In  case  of  vacancies  in  the  said  board,  such  vacancies 
shall  be  filled  as  now  provided  for  filling  vacancies  in  district 
boards.  All  members  of  said  board  so  elected  shall  be  risidents 
of  such  school  district.  Such  school  boards  shall  exercise  all 
the  powers,  and  discharge  all  the  duties  now  imposed  upon  the 
district  boards  of  such  districts.  Regular  meetings  of  said 
board  shall  be  h'eld,  and  special  meetings  thereof  may  be  called 
upon  request  of  any  three  members  of  such  board  to  the  clerk, 
who  shall  thereupon,  at  least  twenty-four  bours  before  such  spe- 
cial meeting  is  held,  give  written  notice  thereof  to  the  remain- 
ing members  of  tho  board. 

Accounts  of  school  boards  to  be  examined.  SECTION  1. 
(Chapter  162,  laws  of  1899.)  It  shall  be  the  duty  of  every 
school  district  in  the  state  of  Wisconsin  at  its  annual  meeting 
to  appoint  three  competent  men,  who  shall  be  tax-payers  in  the 
district,  to  examine  all  accounts,  books,  vouchers,  moneys  and 


20  SCHOOL  LAWS   OP  WISCONSIN. 

property  of  whatever  kind  belonging  to  said  district,  between 
the  first  and  fifth  days  of  July  of  each  year  and  report  the  find- 
ing, in  writing,  at  the  next  regular  annual  meeting. 

SECTION  2.  Said  report  shall  be  recorded  in  the  school  rec- 
ords, properly  signed  by  the  committee. 

This  law  does  not  interfere  with  that  part  of  section  425,  W.  S.,  which 
makes  it  the  duty  of  the  district  board  to  meet  on  the  Saturday  im- 
mediately preceding  the  annual  meeting  for  the  purpose  of  making  a 
careful  examination  of  the  accounts  of  the  treasurer  and  compiling  a 
full  and  itemized  report  of  all  receipts  and  expenditures  since  the  last 
annual  meeting,  of  the  amount  in  the  hands  of  the  treasurer,  or  the 
amount  of  the  deficit  for  which  the  district  is  liable,  of  the  amount 
necessary  to  be  raised,  by  taxes  for  the  •  support  of  the  school  for 
the  coming  year  and  of  the  amount  required  to  pay  the  interest  or 
principal  of  any  debt  due  or  to  become  due  during  the  year.  These 
reports  are  to  be  submitted  in  writing  at  the  annual  meeting.  Town 
clerks  and  county  superintendents  have  heretofore  found  difficulty  in 
compiling  correct  financial  reports  for  the  schools  under  their  respective 
jurisdictions.  It  is  hoped  that  by  the  operation  of  the  law  printed 
above  correct  reports  may  be  obtained  from  each  school  district  in 
the  state.  Over  five  million  three  hundred  thousand  dollars  are  an- 
nually expended  in  the  management  of  the  public  schools  and  it  is 
not  unreasonable  to  require  a  strict  accounting  from  each  district  for 
the  sums  annually  received  and  expended  in  the  management  of  its 
school  affairs. 

Before  the  meeting  proceeds  to  elect  officers,  the  minutes  of  the  last 
annual  meeting  should  be  read,  and  those  of  such  special  meetings  as 
have  been  held  during  the  year.  The  reports. of  district  officers  should 
also  be  presented,  and  referred  to  a  committee  for  examination,  with 
instructions  to  report  at  some  later  stage  of  proceedings.  The  reports 
should  be  in  writing,  and  should  be  carefully  examined  by  the  com- 
mittee, or  by  the  meeting,  if  convenient.  All  school  officers  should  be 
held  to  a  strict  accountability  for  the  faithful  performance  of  their 
duties,  and  the  financial  statements  submitted  should  be  accompanied 
with  vouchers  for  all  moneys  expended.  Reports  of  officers  should 
be  spread  upon  the  records,  as  papers  that  are  merely  filed  are  often 
lost. 

If  a  vacancy  exists  at  an  annual  meeting  from  any  other  cause  than 
the  expiration  of  the  incumbent's  term,  it  is  advisable  that  a  reso- 
lution be  passed  declaring  that  such  vacancy  exists,  and  stating  the 
ground  on  which  the  meeting  regards  the  office  vacant.  It  is  for  the 
meeting  to  judge  in  the  first  instance  whether  a  vacancy  exists,  and 
although  it  may  err  in  so  declaring,  the  officer  elected  will  be  deemed 
an  officer  de  facto,  and  his  acts  in  relation  to  the  public  and  third 
persons  deemed  valid,  until  his  election  is  pronounced  void  by  compe- 
tent authority. 

If  a  mistake  is  made  in  stating  the  length  of  an  unexpired  term, 
the  person  elected  will  nevertheless  serve  to  the  end  of  the  term,  and 
no  longer,  as  this  matter  is  regulated  by  law,  and  not  by  the  vote  of 
the  district. 

The  election  of  all  schpol  district  officers  must  be  by  ballot,  and  a 
majority  of  all  the  votes  cast  is  essential  to  a  choice. 

District  officers  may  be  elected  at  an  adjourned  .annual  meeting, 
if  such  meeting  be  held  within  ten  days  after  the  time  fixed  by  law 


POWERS    OP    DISTRICTS.  ^j_ 

for  holding  the  annual  meeting.     A  school  district  officer  elected  at  an 
annual  meeting  cannot  be  displaced  at  an  adjourned  annual  meeting. 

The  manner  of  resignations  of  school  officers  is  fixed  by  sub-division 
8,  section  961,  statutes  of  1898,  in  the  following  words:  "Resignation 
by  a  school  district  officer  shall  be  made  to  the  district  board."  It  Is 
clear  from  this  that  a  resignation  made  to  the  electors  at  an  annual 
meeting  is  not  the  resignation  contemplated  by  statute  and  therefore 
does  not  without  some  other  act  of  the  officer,  create  a  vacancy. 

4.  To  designate  a  site  for  a  district  school-bouse. 

The  vote  of  a  district  at  an  annual  meeting,  or  at  a  special  meet- 
ing called  for  that  purpose,  is  necessary  to  establish  a  site.  The  dis- 
trict cannot  delegate  this  power  to  the  board  or  to  a  committee  ap- 
pointed for  that  purpose;  although  either  may  be  authorized  to  ex- 
amine the  situation,  price  and  title  of  a  proposed  site. 

Every  schoolhouse  site  should  contain  at  least  one  acre  of  land; 
should  be  described  by  the  government  survey;  should  be  easily  ac- 
cessible to  all  parts  of  the  district.  A  dry,  sheltered  spot  should  be 
chosen,  so  high  that  surface  water  will  flow  from,  and  not  toward  the 
site.  A  schoolhouse  should  never  be.  placed  on  low  or  marshy  ground, 
near  a  stagnant  pool,  or  in  the  midst  of  distracting  or  unhealthful 
surroundings. 

It  is  quite  proper,  but  not  necessary,  to  designate  a  site  before  voting 
a  tax  to  build  the  schoolhouse;  neither  is  it  necessary  that  the  site 
should  be  designated  before  levying  a  tax  to  pay  for  the  same.  If 
the  tax  deemed  sufficient  is  afterwards  found  to  be  too  small,  an  ad- 
ditional tax  may  be  voted;  and,  if  too  much  is  raised,  the  electors  may 
appropriate  the  same  to  any  object  for  which  they  can  legally  raise  a 
tax.  The  expense  of  investigating  the  title  and  of  recording  the  deed 
may  legally  be  included  in  the  tax  for  a  site.  Although  the  law  au- 
thorizes the  leasing  of  a  site,  it  does  not  permit  the  district  to  contract 
a  permanent  debt  for  future  rent.  Land  for  a  site  is  sometimes  held 
under  a  lease  granting  it  for  a  consideration,  paid  in  advance,  for  so 
long  a  time  as  the  same  may  be  used  for  the  purpose  of  a  public  school. 
It  is  always  advisable  that  the  district  should  own  the  site. 

Sections  477 — 484  prescribe  the  course  to  be  pursued  when,  for  any 
reason,  the  district  is  unable  to  obtain  the  site  that  has  been  chosen 
according  to  law. 

Where  a  schoolhouse  is  erected  upon  leased  ground,  the  district  may 
remove  the  same  at  any  time  previous  to  the  expiration  of  the  lease. 
(7  Bart;  N.  Y.  R.,  266.)  , 

A  clear  title  to  a  schoolhouse  site  ought  always  to  be  secured,  and 
where  land  chosen  for  this  purpose  is  a  part  of  a  mortgaged  tract, 
a  release  should  be  obtained,  if  possible,  before  erecting  a  schoolhouse 
thereon. 


purchase  or  lease  a  suitable  site  for  a  school-house,  to  build,  hire 
or  purchase  a  school-house  and  to  keep  in  repair  and  furnish 
the  same  with  the  necessary  fuel  and  appendages;  provided, 
•that  no  district  containing  a  population  of  less  than  two  hun- 
dred and  fifty  inhabitants  shall  have  power  to  levy  and  collect 
a  tax  for  building,  hiring  or  purchasing  a  school-house  of  more 


i>2  SCHOOL  LAWS  OF  WISCONSIN. 

than  six  hundred  dollars  in  any  one  year,  unless  the  town  board 
of  the  town  in  which  such  school-house  is  to  be  situated  shall 
certify  in  writing  that  in  their  opinion  a  larger  sum  should  be 
raised,  specifying  such  sum,  in  which  case  an  amount  not  ex- 
ceeding the  sum  specified  may  be  raised;  provided,  further, 
that  no  district  containing  a  population  of  less  than  one  thou- 
sand inhabitants  may  have  power  'to  raise  and  collect  in  any 
one  year,  for  the  purposes  above  specified,  more  than  one  thou- 
sand dollars,  unless  the  town  board  shall  certify  as  above  set 
fortb. 

Although  a  tax  may  be  levied  before  a  title  has  been  acquired,  yet 
the  district  I)oard  should  not  part  with  the  money  before  a  conveyance 
of  the  site  has  been  made. 

The  question  sometimes  arises  as  to  the  legality  of  connecting  the 
schoolhouse  with  other  buildings  made  for  different  purposes,  and 
under  other  control  than  that  of  the  district  board.  This  department 
has  held  that  a  tax  cannot  be  voted  for  building  a  house  for  joint 
use  as  an  academy  and  schoolhouse,  or  a  church  and  a  schoolhouse, 
and  that  any  partnership  which  does  not  secure  to  the  district  board 
the  complete  control  of  the  house  for  school  purposes  is  illegal. 

A  district  meeting  may  vote  a  tax  for  a  fence,  sidewalks,  separate 
privies  for  the  two  sexes,  wood-house,  stoves,  stove-pipe,  and  bell,  aa 
these  are  held  to  be  necessary  appendages. 

Money  may  also  be  raised  to  pay  for  the  insurance  of  the  school- 
house.  The  schoolhouse  can  now  be  insured  in  those  companies  that 
require  a  note  for  part  of  the  premium.  All  taxes  voted  must  be  for 
specific  and  legal  objects  and  the  specific  amount  raised  for  each  of 
the  several  objects  for  which  the  tax  is  levied  should  be  stated  in  the 
resolution  passed  by  the  meeting,  in  optier  that  the  district  and  the 
board  may  know  the  precise  extent  of  their  liability  and  authority. 

A  district  has  power  to  vote  a  tax  to  enlarge  a  schoolhouse,  notwith- 
standing it  may  have  cost  all  that  said  district  is  by  law  authorized 
to  raise  in  any  one  year,  and  the  tax  for  such  enlargement  does  not 
require  the  consent  of  the  town  supervisors  thereto.  The  amount  re- 
ceived from  the  sale  of  the  old  schoolhouse  may  be  added  to  the  amount 
authorized  by  law  to  be  raised  for  building  in  any  one  year,  and  ex- 
pended for  the  new  building. 

6.  To  vote  such  tax  as  the  meeting  shall  deem  proper  for  the 
payment  of  teachers'  wages  in  the  district;  provided,  that  for 
fcuch  purposes,  in  all  school  districts  having  an  average  attend- 
ance at  school  for  the  year  of  fifteen  scholars  or  less,  not  more 
than  three  hundred  and  fifty  dollars  shall  be  raised  in  any  one 
year;  in  all  school  districts  having  an  average  attendance  of 
not  more  than  thirty  nor  less  than  fifteen  scholars,  not  more 
than  four  hundred  and  fifty  dollars  shall  be  raised  in  any  one 
year;  and  in  all  school  districts  having  an  average  attendance 
of  not  more  than  forty  nor  less  than  thirty  scholars,  not  more 


POWERS  OF  DISTRICTS.  23 

than  five  hundred  and  fifty  dollars  shall  be  raised  in  any  one 
year. 

The  constitution  provides  that  the  income  of  the  school  fund  shall 
be  applied  to  the  support  and  maintenance  of  common  schools,  in  each 
school  district,  and  the  purchase  of  suitable  libraries  and  apparatus 
therefor;  while  section  558  provides  that  the  money  received  by  each 
district  from  the  income  of  the  school  fund  shall  be  devoted  exclu- 
sively to  the  payment  of  teachers'  wages,  Whether  these  apparently 
conflicting  provisions  can  be  reconciled  or  not,  it  is  certain  that  the 
legislature  here  requires  that  districts  shall  pay  each  year,  for  teach- 
ers' wages,  an  amount  equal  to  that  received  from  the  income  of  the 
school  fund.  The  limitations  of  this  section  apply  to  the  amount  that 
may  be  raised  for  this  purpose  by  taxation,  exclusive  of  the  amount 
received  from  the  school  fund  income. 

7.  To  authorize  and  direct  the  sale  of  any  school-house,  site 
or  other  property  belonging  to  the  district  when  the  same  shall 
be  no  longer  needed  for  the  use  of  the  district. 

The  district  should  determine  the  conditions  of  the  sale  for  which 
this  section  provides,  if  it  desires  to  control  the  contract  which  its 
board  is  alone  competent  to  make. 

8.  To  impose  such  a  tax  as  may  be  necessary  to  discharge 
any  debts  or  liabilities  of  the  district  lawfully  incurred. 

By  sections  435  and  436,  district  boards  are  empowered  and  required 
to  do  many  things  that  may  impose  a  debt  upon  the  district. 

9.  To  vote  a  tax  not  exceeding  seventy-five  dollars  in  any  one 
year   for   the   purchase   of   maps,  blackboards    and   school    ap- 
paratus. 

Outline  maps,  reading  charts,  globes  and  blackboards  add  greatly 
to  the  efficiency  of  schools.  Boards  should  be  guided  in  the  purchase 
of  school  appliances  by  the  judgment  of  competent  teachers,  and  that 
of  disinterested  persons  who  have  some  acquaintance  with  the  teach- 
ers' needs.  Thousands  of  dollars  are  doubtless  expended  annually  in 
this  state  for  apparatus  that  is  practically  worthless  in  the  school 
room  while  the  most  necessary  helps  are  entirely  wanting  or  in  suca 
poor  condition  as  to  be  useless. 

10.  To  vote  a  tax  not  exceeding  one  hundred  dollars  in  any 
one  year  for.  a  district  library,  consisting  of  such  books  as  they 
may  direct  their  district  board,  at  a  district  meeting,  to  pur- 
chase, said  books  to  be  selected  under  the  advice  of  the  state 
superintendent;  provided,  that  any  school  district  having  less 
than  two  hundred  children  of  school  age  shall  not  vote  a  tax 
exceeding  fifty  dollars  in  any  one  year  for  such  library;  and 
that  no  district  containing  a  population  of  less  than  two  hun- 


SCfi60L  LAWS  OF 


dred  and  fifty  inhabitants  shall  have  power  to  levy  and  collect 
a  'tax  of  more  than  five  hundred  dollars  in  any  one  year  for 
aiiy  purpose  other  than  for  the  purposes  prescribed  in  the  fifth 
subdivision  of  this  section,  and  for  the  payment  of  the  princi- 
pal and  interest  of  any  loan  due  the  state. 

Comments  on  the  legislation  relating  to  township  and  district  libra- 
ries will  be  found  under  sections  485  —  486a. 

11.  To  authorize  the  district  board  to  borrow  money  as  pro- 
vided elsewhere  in  these  statutes. 

Sections  474,  475,  476  —  476a  and  chapters  40  and  342,  laws  of  1901, 
prescribe  the  manner  in  which,  #nd  define  the  purposes  for  which  a 
school,  district  may  borrow  money. 

12.  To  authorize  the  district  board  to  admit  to  the  privileges 
of  the  school  persons  over  twenty  years  of  age  and  persons  iio't 
residing  in  the  district,  whenever  such  admission  will  not  inter- 
fere with  the  accommodation  or  instruction  of  the  scholars  re- 
siding therein,  and  to  fix  a  fee  for  tuition  per  term,  quarter  or 
year  to  be  charged  to  the  persons  thus  admitted. 

By  this  clause  the  district  is  empowered  to  determine  whether  the 
persons  named  shall  be  admitted  to  the  privileges  of  the  school.  Where 
the  district  fails  to  instruct  the  board  in  this  matter,  the  board  shall 
determine  the  fact  and  the  rule  under  the  general  powers  conferred 
upon  district  officers  by  the  statutes. 

It  is  sometimes  difficult  for  district  boards  to  determine  the  liabil- 
ity of  inhabitants  for  the  tuition  of  persons  in  their  employment  or 
under  their  protection.  The  general  rule  is  that  a  minor's  residence 
is  with  his  parents  or  parent  while  they  or  either  of  them  is  alive  ana 
maintains  a  home.  An  orphan  without  a  guardian  takes  his  resi- 
dence with  him.  While  it  is  not  right  to  allow  non-residents  and  pei- 
sons  over  twenty  to  overcrowd  and  so  impair  the  efficiency  of  the 
school,  it  is  well  to  remember  that  the  constant  purpose  of  the  state 
in  the  establishment  and  maintenance  of  public  schools  is  to  dissemi- 
nate as  widely  as  possible  the  advantages  of  a  common  school  educa- 
tion. 

That  provision  of  the  state  constitution  which  requires  that  "such 
schools  shall  be  free  and  without  charge  for  tuition  to  all  children 
between  the  ages  of  four  and  twenty  years,"  implies  that  every  child 
of  school  age  is  entitled  to  free  tuition  somewhere.  This  manifest 
purpose  of  tlie  state  to  extend  the  advantages  of  a  common  school  edu- 
cation to  all  children  within  her  borders,  should  lead  school  districts 
to  exercise  the  authority  to  charge  or  to  remit  tuition  with  which  the 
law  vests  them  in  a  spirit  of  liberality  toward  those  children  that  are 
compelled  by  parental  neglect  to  seek  the  equipment  that  the  schools 
furnish  beyond  the  limits  of  the  home  district. 

The  supreme  court  of  the  state  (74  Wis.,  page  48)  laid  down  the 
rule  that  a  child  is  entitled  to  free  tuition  in  a  district  in  which  he 
is  residing  for  other,  as  a  main  purpose,  than  to  participate  in  the  ad- 


OF  DISTRICTS.  ^5 

vantages  which  the  school  affords.  It  will  be  seen  that  the  decision 
guards  carefully  against  that  interpretation  of  the  law  which  would 
require  districts  to  furnish  tuition  to  those  pupils  who  are  in  the  dis- 
trict for  the  purpose  of  availing  themselves  of  its  superior  school  ad- 
vantages. See  also  59  Conn.,  489. 

The  district  board  has  no  authority  to  admit  non-resident  children 
into  the  school  contrary  to  the  vote  of  the  district,  nor  has  it  author- 
ity to  exclude  them  after  the  district  has  voted  to  admit  them.  It  is 
the  duty  of  tbe  board,  in  this  matter,  to  carry  into  effect  the  instruc- 
tions of  the  district. 

It  will  be  seen  that  the  board  has  powvi-  under  section  439  to  admU 
persons  between  twenty  and  thirty  years  of  age  to  the  schools  in  cer- 
tain cases.  This  power  is  commented  upon  in  the  proper  place. 

The  teacher  has  no  authority  in  the  matter  of  admitting  or  exclud- 
ing non-residents,  but  will  be  governed  by  the  instructions  of  the 
board. 

13.  To  authorize  the  district  board  to  purchase  text-books 
for  use  in  the  public  schools,  to  be  loaned  or  furnished  pupils 
under  such  conditions  as,  by  such  vote  and  regulations  of  the 
board  thereunder,  may  be  prescribed. 

Section  440  requires  school  district  boards  to  determine  what  books 
shall  be  used  in  their  respective  districts,  and  section  430b  provides 
that  the  question  of  furnishing  free  text-books  shall  be  submitted  to 
every  annual  school  district  meeting.  It  will  be  seen  that  while  the 
board  has  power  to  adopt,  it  has  no  power  to  purchase  text-books, 
unless  authorized  to  do  so  by  the  district  at  its  annual  meeting.  Books 
that  have  been  adopted  must  be  retained  for  three  years;  but  boards 
cannot  bind  their  districts  to  purchase  these  books  at  a  fixed  rate, 
or  of  a  given  house  for  more  than  one  year.  16  Wis.,  336. 

14-.  To  determine  the  length  of  time  a  school  shall  be  taught 
in  their  district  the  'then  ensuing  year,  wi-ich  shall  not  be  less 
than  six  [seven]  months,  and  whether  such  school  shall  be 
taught  by  a  male  or  female  teacher,  or  both,  and  whether  the 
school  money  to  which  the  district  is  entitled  from  the  school 
fund  income  and  from  the  town  shall  be  applied  to  the  support 
of  the  summer  or  winter  scbool  or  a  certain  portion  to  each; 
but  if  such  matters  shall  not  be  determined  at  the  annual  meet- 
ing the  district  board  shall  determine  the  same. 

The  number  of  days  during  which  a  school  must  be  taught,  to  meet 
the  requirements  of  the  law  in  regard  to  the  apportionment  of  school 
money,  is  one  hundred  and  forty,  and  this  number  includes  legal 
holidays,  viz.:  New  Year's  day,  the  twenty-second  of  February,  the 
thirtieth  day  of  May  (Memorial  day),  the  Fourth  of  July,  the  day 
of  general  (or  fall)  election,  and  Christmas,  together  with  days  of 
fasting  or  thanksgiving  appointed  by  state  or  national  authority. 

In  order  that  holidays  may  be  legally  counted  as  part  of  the  term, 
they  must  occur  during  the  time  school  is  in  session,  and  not  during 
any  vacation  period. 


L>(;  SCHOOL  LAWS  OF  WISCONSIN. 

If  the  matters  mentioned  in  this  clause  are  not  determined  at  the 
annual  meeting,  the  district  board  must  determine  them;  but  it  is 
competent  for  the  district  at  a  special  meeting  to  decide  what  shall 
be  the  sex  of  the  teacher  and  as  to  the  length  of  the  term  of  school. 

It  should  be  borne  in  mind  that  a  district,  at  a  special  meeting,  can- 
not rescind  a  resolution  passed  at  an  annual  meeting  or  set  aside  the 
action  of  a  district  board  when  rights  have  been  acquired  by  virtue 
of  such  resolution  or  such  action. 

15.  (As  amended  by  Chap.  351,  Laws  of  1901.)      To  author- 
ize the  district  board  to  suspend  the  district  school    for    such 
length  of  time  as  they  may  deem  expedient,  and    to    the    best 
advantage  of  the  district  and  pupils  residing  therein,   and  to 
arrange  with  any  adjoining  or  other  district  or  districts,  ft>r 
the  instruction  of  persons  of  school  age  residing  in  the  district, 
during  the. time  when  the  school  may  be  suspended,  and  to  pro- 
vide for  the  transportation  of  any,  or  all  pupils  residing  there-' 
in,  to  and  from  the  school-house  in  the  district  with  which  the 
arrangement  for  their  instruction,  is  made,  and  to  include  in 
the  tax  voted  at  the  annual  meeting,  the  amount  of  'the  expense 
incurred  in  providing  for  the  transportation,  and  for  the  tuition 
of  pupils  in  an  adjoining  or  other  district,  or  districts. 

16.  (As  amended  by  Chap.  351,  Laws  of  1901.)'   To  vote  a 
tax  for  the  purpose  of  providing  for  the  free  transportation  of 
any  or  all  children  residing  in  the  district,  by  most  direct  route, 
to  and  from  the  school-house  in  the  district. 

17.  To  give  such  direction  and  make  such  provision  as  may 
be  necessary  in  relation  to  the  prosecution  or  defense  of  any 
action  or  proceeding  in  which  the  district  may  be  a  party  or 
may  be  interested. 

The  district  may  appoint  any  suitable  person  to  represent  it  in  a 
suit;  but  in  the  absence  of  such  appointment,  the  director  is  consti- 
tuted the  representative  of  the  district  in  all  suits.  See  section  442 
and  the  comment  thereon. 

18.  At  the  annual  meeting  only,  to  vote  a  tax  to  compensate 
the    clerk,    which,    in    districts    supporting    graded    and    high 
schools,  shall  be  such  sums  as  may  be  voted,  and  in  other  dis- 
tricts not  more  than  ten  nor  less  than  five  dollars. 

It  will  be  noticed  that  the  clerk  is  entitled  to  the  compensation 
specified  in  this  section,  only  when  it  has  been  voted  at  the  previous 
annual  meeting  of  the  district.  Whenever  an  annual  meeting  refuses 
to  grant  compensation  to  the  clerk,  or  fails  to  vote  on  the  question, 
he,  like  the  other  district  officers,  must  serve  without  pay. 


POWERS    OF    DISTRICTS.  gij 

19.   To  alter  or  modify  the  [their]   proceedings  as  occasion 
may  require.  , 

The  power  to  repeal  proceedings  cannot  be  exercised  after  they  have 
been  carried  into  effect,  so  that  rights  have  been  acquired  under  them. 
When  the  district  board  has  made  a  contract  under  authority  of  tne 
district,  the  repeal  of  the  resolution  authorizing  such  contract  will 
not  abrogate  the  contract. 

A  district  can  repeal  a  resolution  to  raise  a  tax,  at  any  time  before 
the  warrant  to  collect  the  tax  is  handed  to  the  collector;  but  this  power 
cannot  be  exercised  after  part  of  the  tax  has  been  collected  (Gale' 
vs.  Mead,  4  Hill;  Smith  vs.  Dillingham,  4  Barbour.)  When  it  is 
thought  advisable  to  repeal  a  resolution  it  should  be  done  in  express 
terms  and  not  by  implication. 

Officers  elected  at  an  annual  meeting  cannot  be  displaced  by  recon- 
sidering or  rescinding  former,  proceedings  at  an  adjourned  meeting. 
When  an  election  has  been  held  in  due  form,  the  elective  power  or 
the  district  is  exhausted,  and  the  officers  chosen  at  the  annual  meeting 
are  the  legal  officers  of  the  district,  until  by  death,  resignation,,  re- 
moval from  the  district,  expiration  of  term,  refusal  to  serve,  or  re- 
moval from  office,  a  vacancy  occurs  proper  to  be  filled  by  election  or 
appointment.  And  when  a  person  entitled  to  hold  office  has  been 
elected,  and  has  not  refused  to  serve,  there  is  no  power  to  take  it 
from  him  or  to  debar  him  from  assuming  its  duties. 

Limitation  on  taxes.  SECTION  430&.  The  total  amount  of 
school  district  tax  hereafter  levied  in  any  school  district  in  this 
state  in  any  one  year  for  building,  hiring  or  purchasing  any 
school  building  and  for  the  maintenance  of  schools,  including 
teachers'  wages  and  incidental  expenses,  shall  not  exceed  five 
per  cent,  of  the  total  assessed  valuation  of  taxable  property  in 
such  school  district  for  the  current  year. 

Vote  on  free  text-books.  SECTION  430&.  At  the  annual 
meeting  the  question  of  providing  free  text-books  for  the  use 
of  all  pupils  attending'  the  schools  in  the  district  and  levying 
a  tax  sufficient  to  meet  the  expense  of  furnishing  free  text-books 
for  the  use  of  such  pupils  shall  be  submitted  to  the  legal  voters 
present  at  such  meeting  and  a  vote  taken  thereon.  The  chair- 
man shall  direct  the  vote  to  be  taken  before  entertaining  a  mo- 
tion to  adjourn  sine  die,  and  upon  demand  of  any  five  legal 
voters  present  the  vote  shall  be  taken  by  ballot  if  a  written  reso- 
lution upon  the  question  be  submitted,  and  -the  ballot  of  those 
favoring  the  resolution  submitted  shall  have  thereon  the  word 
"ye*,??  and  of  those  opposing  the  word  "no." 

This  statute  was  designed  to  supplement  clause  13  of  section  430. 

Kindergartens.     SECTION  430c.      (Created  by  chap.^298,  laws 
of  1809.)     In  any  school  district  under  the  supervision  of  the 


i)g  SCHOOL  LAWS   OF  WISCONSIN. 

county  superintendent  in  which  a  high  school  or  a  graded 
school  having  more  than  two  departments  is  maintained  the 
question  of  establishing  and  maintaining  by  the  levy  of  a  tax 
therefor  as  many  kindergartens  as  will  be  required  to  accom- 
modate the  children  of  such  district  between  the  ages  of  four 
and  six  years,  allowing  forty  pupils  to  each  kindergarten  may 
be  submitted  at  the  annual  meeting  to  the  legal  voters  present 
and  a  vo'te  taken  thereon  as  in  the  case  of  a  vote  on  free  text- 
books. 

SECTION  430d.  (Created  by  chap.  298,  laws  of  1899.) 
The  board  of  education  in  any  city  of  the  third  or  fourth  class 
whether  organized  under  the  general  law  or  special  charter,  at 
the  time  of  certifying  to  the  city  clerk  its  yearly  estimate  of 
the  expenses  of  the  public  schools  under  its  charge,  shall  certify 
also  separately  an  estimate  of  the  cost  for  the  school  year  of 
as  many  kindergartens  as  will  in  their  judgment  be  required 
for  'the  accommodation  of  the  children  of  said  city  between  the 
ages  of  four  and  six  years.  The  council  shall  take  action 
thereon.  If  the  whole  or  a  part  of  the  estimate  be  approved, 
the  council  shall  make  an  appropriation  of  the  amount  approved 
by  them  for  that  purpose,  which  shall  be  in  addition  to  the  other 
funds  appropriated  for  school  purposes  and  shall  be  used  only 
for  the  support  of  such  kindergartens. 

This  chapter  commends  itself  to  those  who  are  in  favor  of  the  es- 
tablishment of  kindergarten  departments,  either  in  the  country  or  in 
cities  of  the  third  and  fourth  classes. 

For  legal  qualifications  of  kindergarten  teachers,  see  chapter  347, 
laws  of  1901. 


DISTRICT   OFFICERS. 


29 


IL-DISTRICT  OFFICERS. 


Elections,  terms  and  acceptance.  SECTION  431.  The  officers 
of  the  district  shall  be  a  director,  treasurer  and  clerk,  who  shall 
be  residents  of  the  district  and  hold  their  respective  offices  for 
three  years  and  until  their  successors  have  been  elected  or  ap- 
pointed, but  not  beyond  ten  days  beyond  the  expiration  of 
their  term  of  office  without  being  again  elected  or  appointed; 
provided,  that  at  the  first  election  of  such  officers  in  any  newly- 
organized  district  the  clerk  shall  be  chosen  for  one  year,  the 
treasurer ' for  two  years  and  'the  director  for  three  years;  and 
thereafter  each  officer  shall  be  chosen  for  three  years.  Any  per- 
person  present  at  a  meeting  at  which  he  shall  be  elected  one  of 
the  board  shall  be  deemed  to  be  notified  thereof;  and  any  per- 
son so  elected  and  not  present  shall  be  notified  thereof  by  the- 
clerk  of  said  meeting  within  five  days  thereafter;  and  unless 
each  person  elected  and  notified  shall  within  ten  days  after  his 
election  file  with  the  clerk  his  refusal  in  writing  to  accept  the- 
office  he  shall  be  deemed  to  have  accepted  the  same. 

See  Forms  Nos.  15  and  16. 

For  law  relating  to  school  boards  of  seven  members,  see  chapter  317, 
laws  of  18£T9,  as  amended  by  chapter  205,  laws  of  1901,  found  under 
section  430,  relating  to  powers  of  districts. 

In  reckoning  the. terms  of  district  officers,  the  time  from  the  first 
meeting  of  a  legally  organized  district  to  the  first  annual  meeting,  no 
matter  how  short  that  may  be,  is  to  be  considered  a  year,  because  all 
subsequent  elections  must  take  place  at  the  annual  meetings  of  the 
district;  hence,  at  the  first  annual  meeting  after  its  organization  the 
district  will  elect  a  clerk,  at  the*  second  a  treasurer,  and  at  the  third, 
a  director,  each  for  a  term  of  three  years.  Ordinarily,  but  one  district 
officer  will  be  elected  at  an  annual  meeting,  but  it  will  sometimes  be 
necessary  to  fill  the^unexpired  terms  of  those  who  have  vacated  their 
offices. 

Section  <f4~3  restricts  districts  in  their  choice  of  treasurers;  and  pro- 
vides that  they  shall  hold  their  offices  until  their  successors  are  elected 
or  appointed,  and  qualified  by  filing  the  required  bonds.  , 

Section  5f3  makes  women  twenty-one  years  of  age  eligible  as  school 
district  officers.  Persons  that  have  declared  their  intention  to  become 


30  SCHOOL  LAWS    OF   WISCONSIN. 

citizens  are  eligible  to  district  offices.  The  supreme  court  in  14  Wis., 
539,  held  that,—  , 

"As  to  all  such  governments  it  is  an  acknowledged  principle  which 
lies  at  the  very  foundation,  and  the  enforcement  of  which  needs 
neither  the  aid  of  statutory  nor  constitutional  enactments  or  restric- 
tions, that  the  government  is  instituted  by  the  citizens  for  their  lib- 
erty and  protection,  and  that  it  is  to  be  administered  and  its  powers 
and  functions  exercised  only  by  them  and  through  their  agency." 

The  doctrine  laid  down  in  this  decision  applies  to  women  as  well 
as  to  men.  A  married  woman's  legal  status  is  determined  by  that  of 
her  husband. 

District  board.  SECTION  432.  The  director,  treasurer  and 
clerk  shall  constitute  the  district  board.  Meetings  of  the  board 
may  be  called  by  any  two  members  thereof  by  serving  on  the 
other  member  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  Is  to 
take  place.  No  act  authorized  to  be  done  by  the  board  shall 
be  valid  unless  voted  at  i'tg  meeting.  ~No  formal  notice  of  a 
meeting  will  be  required  where  all  members  are  present  and  con- 
sent to  consider  matters  relating  to  the  district. 

The  decision  of  a  majority  at  a  meeting  properly  convened,  is  the 
decision  of  the  board,  but  the  decision  of  a  majority,  or  even  of  all 
three,  under  other  circumstances,  is  not  the  decision  of  the  board.  It 
is  merely  the  concurrent  opinion  of  the  members,  and  is  no  more  the 
decision  of  the  board  than  the  concurrent  opinion  of  the  members  of 
the  legislature,  arrived  at  by  taking  their  separate  votes  at  their  re- 
spective h'omes,  would  be  an  act  of  the  legislature.  37  Wis.,  54;  59 
Wis.,  518. 

It  was  he?d  in  16  Maine  R.,  185,  that  the  dismissal  of  a  teacher  by 
two,  a  majority  of  the  board,  was  illegal,  because  the  third  was  not 
notified,  although  he  was  out  of  town.  The  court  say:  "That  does  not 
allow  the  majority  to  dispense  with  the  rule  requiring  notice.  They 
are  not  in  such  cases  constituted  the  judges  whether  the  notice  would 
be  effectual  to  secure  his  attendance.  Nor  would  it  be  entirely  safe 
to  entrust  them  with  such  power,  as  it  would  afford  an  opportunity 
to  select  an  occasion  when^they  might  judge  that  a  notice  would  be 
ineffectual,  and  thus,  by  neglecting  to  give  it,  free  themselves  from  the 
presence  of  a  dissenting  minority.  It  may  often  happen  that  those 
will  be  able  to  attend,  who  were  believed  to  be  so  situated  that  their 
attendance  could  not  be  expected.  Nor  is  there  any  difficulty  in  giv- 
ing the  requisite  notice  in  such  cases,  as  one  left  at  the  usual  place 
of  residence  would  be  sufficient." 

A  single  member  of  the  board  may  be  authorized  to  carry  out  a 
vote  or  determination  of  the  board,  such  as  making  a  purchase,  en- 
gaging  work  to  be  done,  etc.  ^ 

In  Nevil  v.  Clifford,  63  Wis.,  435,  the  court  held  that: 

1.  The  school  board  has  the  power  to  build  a  schoolhouse  out  of 
funds  provided  by  the  district  for  that  purpose,  but  has  no  power  to 
build,  or  cause  to  be  built,  a  schoolhouse,  and  then  make  the  cost  of 
the  building  a  charge  against  the  school  district. 

2.  The  voters  at  a  school  district  meeting  cannot  authorize  the  school 


DISTRICT   OFFICERS. 


board  to  contract  a  debt  on  behalf  of  the  district,  or  to  levy  a  tax. 
in  an  amount  beyond  the  limit  of  their  own  powers  in  that  behalf. 

3.  Nor  can  a  school  district  ratify  a  contract  or  acts  of  the  school 
board,  which  it  would  have  no  power  to  authorize  in  the  first  instance. 

4.  A  school  district  though  containing  less  than  250  inhabitants  may 
borrow  a  sum  exceeding  .$600  for  the  purpose  of  building  a  school- 
house,   if  the  money  is  borrowed  on  such  terms  that  it  will  not  be 
necessary,  in  order  to  repay  it,  to  levy  a  tax  exceeding  $600  in  any 
one  year.     Subd.  11,  sec.  430,  and  sees.  474,  475,  476,  476a,  statutes  of 
1898,  and  chapters  40  and  342,  laws  of  1901. 

Filling  vacancies.  SECTION"  433.  The  board  may  fill  by  ap- 
-pointment  any  vacancy  that  may  occur  in  their  number  within 
ten  days  after  such  vacancy  shall  occur;  and  if  such  vacancy 
shall  not  be  so  filled  tfc'e  town  or  village  clerk,  and  in  the  case 
of  a  joint  district  the.  clerk  of  the  town  or  village  in  which 
the  school-house  is  situated,  shall  fill  such  vacancy  by  appoint- 
ment. Any  person  upon  being  notified  of  his  appointment 
shall  be  deemed  to  have  accepted  the  same  unless  within  five 
days  thereafter  he  shall  file  with  the  clerk  or  director  a  written 
refusal  to  serve;  and  any  person  so  appointed  shall  hold  office 
until  the  next  annual  meeting,  at  which  the  electors  shall  fill 
such  vacancy  for  the  unexpired  term. 

See  Forms  Nos.  17,  18  and  19. 

Section  962,  of  the  Wisconsin  statutes,  declares  when  offices  become 
vacant.  That  section  is  here  inserted: 

SECTION  962.  Every  office  shall  become  vacant  on  the  happening  of 
either  of  the  following  events: 

1.  The  death  of  the  incumbent. 

2.  His  resignation. 

3.  His  removal. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state;   or  if  the  office  be 
local,  his  ceasing  to  be  an  inhabitant  of  the  district,   county,  town, 
city  or  village  by  or  for  which  he  shall  have  been  elected  or  appointed, 
or  within  which  the  duties  of  his  office  are  required  to  be  discharged. 

5.  His  conviction  of  any  infamous  crime,  or  of  any  offense  involv- 
ing violation  of  his  official  oath. 

6.  The  decision  of  a  competent  tribunal  declaring  void  his  election 
or  appointment,  or  adjudging  him  insane. 

7.  The  neglect  or  refusal  of  any  person  elected  or  appointed  or  re- 
elected  or  re-appointed  to  any  office  to  give  or  renew  his  official  bond, 
or  to  deposit  the  same  in  the  manner  and  within  the  time  prescribed 
by  law. 

8.  The  neglect  or  refusal  of  any  officer  in  office  to  execute  and  file 
an  additional  bond,  when  lawfully  required,  in  the  manner  and  within 
the  time  so  required  or  prescribed  by  law. 

9.  The   death   or   declination   in  writing   of   any   person   elected   or 
appointed  to  fill  a  vacancy,  or  for  a  full  term,  before  he  qualifies,  or 
his  death  or  such  declination  before  the  time  when,  by  law,  he  should 
enter  upon  the  duties  of  his  office,  to  which  he  was  elected  or  ap- 
pointed. 


32  SCHOOL  LAWS   OP  WISCONSIN. 

10.  On  the  happening  of  any  other  event  which  is  declared  by  any 
special  provision  of  law  to  create  a  vacancy. 

This  section  introduces  authority  for  the  village  clerk  to  appoint 
members  of  district  boards,  or  members  of  boards  of  joint  districts, 
in  all  cases  where  the  members  of  the  boards  themselves  fail  to  fill 
a  vacancy  in  their  own  number. 

This  power  of  appointment  by  the  village  or  city  clerk  does  not  ex- 
tend beyond  the  limits  of  the  district  in  which  an  organized  village 
or  city  is  located. 

"When  a  vacancy  in  the  board  of  a  joint  school  district  has  not 
been  filled  by  the  board  itself  within  ten  days,  such  vacancy  must 
be  filled  by  appointment  made  by  the  clerk  of  the  town,  village  or  city 
in  which  the  school  house  of  the  joint  district  is  situated. 

By  this  section  it  is  made  the  duty  of  the  town,  city  or  village  clerk 
to  fill  a  vacancy  in  a  district  board  when  he  is  officially  informed  of 
its  existence;  but  his  function  is  administrative,  not  judicial,  and 
does  not  clothe  him  with  authority  to  inquire  into  the  validity  of  an 
officer's  electon  or  appointment,  or  to  declare  an  office  vacant. 

The  sufficiency  of  the  treasurer's  bond  must  be  determined  by  the 
directors  and  clerk,  but  they  are  bound  to  exercise  a  sound  discretion 
and  may  not  use  this  power  to  defeat  the  will  of  the  district. 

"The  wilful  and  unjust  refusal  of  the  officer  required  to  approve 
the  official  bond  of  a  person  elected  or  appointed  to  an  office,  to  give 
it  his  approval,  cannot  deprive  such  person  of  his  office  or  create  a 
vacancy  therein. 

"If  the  failure  of  a  person  appointed  to  an  office  to  file  his  official 
bond  within  the  time  prescribed  was  due  to  no  neglect  or  default  on 
his  part  (as  where  the  officer  required  to  approve  such  bond  withheld 
his  approval  on  the  ground  that  the  appointment  was  invalid),  such 
appointee  may,  after  judgment  in  his  favor  in  an  action  to  oust  an 
usurper  from  the  office,  file  his  bond  and  do  any  other  act  necessary 
to  entitle  him  to  discharge  the  duties  of  the  office."  See  section  3471, 
W.  S.;  65th  Wis.,  510. 

The  word  "town"  may  be  construed  to  include  all  cities,  wards,  or 
districts,  unless  such  construction  would  be  repugnant  to  the  provi- 
sions of  any  act  specially  relating  to  the  same.  Subd.  17,  sec.  4971, 
W.  S. 

The  power  of  a  district  board  to  fill  a  vacancy  continues  but  ten 
days;  if  tliey  do  not  fill  it  in  that  time,  the  duty  devolves  upon  the 
town  clerk.  But  neither  the  board  nor  the  town  clerk  is  authorized 
to  act  judicially,  and  set  aside  an  election,  where  an  officer  is  deemed 
to  have  been  elected  illegally.  Such  person  having  been  declared 
elected,  and  having  entered  upon  the  office,  will  be  held  to  be  an  officer 
de  facto  until  the  illegality  of  his  election  is  determined  by  compe- 
tent authority. 

In  other  cases  the  board  of  the  town,  city  or  village  clerk,  before 
making  an  appointment,  must  of  necessity  decide  in  view  of  the  facts 
that  a  vacancy  exists,  and  in  the  order  making  the  appointment,  the 
facts  which  have  caused  the  vacancy  should  be  stated. 

In  case  of  expiration  of  a  term  of  service,  and  no  election  to  fill  the 
vacancy,  it  is  to  be  understood  that  the  term  does  not  actually  expire 
until  ten  days  after  the  annual  meeting.  The  board  then  has  power, 
for  ten  days,  to  fill  the  vacancy;  and  the  town  clerk  has  therefore  no 
power  to  fill  it  until  twenty  days  after  the  annual  meeting. 

In  case  of  a  single  vacancy  in  the  district  board,  those  in  office  pos- 
sess all  the  powers  of  a  full  board  for  the  purpose  of  filling  such  va- 
cancy, but  if  two  vacancies  exist  at  the  same  time,  the  remaining  mem- 
ber cannot  fill  them.  It  must  be  done  by  the  town  clerk. 


DISTRICT   OFFICERS.  33 

.  A  person  should  not  be  re-appointed  who  refuses  to  serve,  or  whose 
resignation  has  been  accepted.  The  statute  regards  the  penalty  for 
refusing  to  serve  as  an  equivalent  for  the  service.  (See  section  500.) 
In  case  of  appointment,  the  term  of  office  of  the  appointee  expires 
at  the  next  annual  meeting,  and  if  a  successor  is  not  then  elected,  the 
incumbent  cannot  hold  the  office  more  than  ten  days  after  the  annual 
meeting.  It  then  becomes  the  duty  of  the  board  to  fill  such  vacancy, 
and  if  they  neglect  to  fill  it,  this  duty  devolves  on  the  town  clerk. 

Vacancy.  SECTION  433a.  When  the  clerk,  director  or  treas- 
urer shall  be  andx  remain  absent  from  the  district  for  which 
he  was  elected  for  a  period  exceeding  sixty  days  his  office  shall 
be  deemed  vacant. 

Purchase,  etc.,  of  school-house.  SECTION  434.  When  law- 
fully directed  by  the  electors  the  board  shall  purchase  or  lease 
the  site  for  a  school-house  designated  by  the  district,  build, 
hire  or  purchase  a  school-house  out  of  the  funds  provided  for 
that  purpose,  and  sell  and  convey  any  site,  school-house  or  other 

property  of  the  district. 

» 

See  Form  No.  20. 

A  school  district  is  a  corporate  body,  and  as  such  has  perpetual  suc- 
cession and  existence  in  its  corporate  name,  and  the  capacity  to  hold 
real  and  personal  estate  for  its  corporate  purposes.  It  possesses  this 
power  as  a  legal  body  wholly  distinct  from  the  individuals  who  from 
time  to  time  compose  it.  The  district  can  act  as  a  corporation  only 
through  its  officers.  The  power  to  purchase  or  lease  a  site  for  a 
schoolhouse,  or  to  build,  hire  or  purchase  a  schoolhouse,  or  to  sell  any 
schoolhouse, .site  or  other  property,  belongs  exclusively  to  the  district 
board.  It  is  often  the  case  that  a  building  committee  is  appointed  by 
the  district  to  superintend  the  erection  of  a  schoolhouse.  Although 
the  law  contemplates  no  such  committee,  there  may  be  no  serious  ob- 
jection to  it,  if  it  can  aid  the  board  by  its  advice  and  service  in  car- 
rying out  the  wishes  of  the  people.  But  the  district  board  alone  has 
power  to  bind  the  district  by  a  contract,  written  or  verbal,  and  the 
district  has  no  power  to  supersede  them  by  appointing  a  building  com-. 
mittee,  or  any  other  agents. 

A  stringent  contract,  which  in  all  cases  should  be  in  writing,  with 
proper  provisions  for  the  adjustment  of  any  questions  that  may  arise 
under  it,  should  be  made 

The  inhabitants  of  a  district  assembled  in  district  meeting,  should 
give  plain  and  specific  instructions  to  the  district  board  in  regard 
to  the  matters  referred  to  in  this  section.  All  votes  relating  to  pur- 
chase or  sale  of  a  site,  schoolhouse,  or  other  district  property,  should 
be  taken  by  yeas  and  nays,  and  all  proceedings  should  be  entered  at 
length  upon  the  record  book  of  the  district. 

Care  of  property;  use  of  school-house.     SECTION    435.      The 

board   shall   have   the   care   and   keeping  of   the   school-house, 

books,  apparatus  and  other  property  of  the  district,  except  that 

especially  confided  by  law  to  the  clerk,  and  before  each  annual 

3 


34  SCHOOL  LAWS  OP  WISCONSIN. 

meeting  they  shall  make  and  deposit  with  the  clerk  of  the  dis- 
trict an  inventory  thereof;  keep  the  school-house  in  good  con- 
dition and  repair,  and  provide  all  necessary  appendages  during 
the  time  a  school  shall  be  taught  therein.  They  may  grant 
tbe  request  of  any  responsible  inhabitant  of  the  district  to  oc- 
cupy the  school-house  for  such  public  meetings  as  will,  in  the 
judgment  of  the  board,  aid  in  disseminating  intelligence  and 
promoting  good  morals;  any  such  licensee  shall  be  answerable, 
and  if  there  be  no  responsible  licensee,  the  members  of  the 
board  shall  be  personally  liable  to  tbe  district  for  any  injury 
done  to  any  property  and  for  any  expense  incurred  by,  at  or  in 
consequence  of  any  such  use  of  the  school-house. 

The  books  and  records  of  the  district  are  by  law  committed  to  the 
care  of  the  clerk.  The  board  has  exclusive  control  of  all  property 
belonging  to  the  district. 

It  is  the  duty  of  the  board  to  provide  the  necesssary  appendages  for 
the  schoolhouse,  without  waiting  for  instructions  from  the  people  of 
the  district.  They  are  also  required  to  keep  the  schoolhouse  in  good 
condition  and  repair  during  th*e  time  a  school  shall  be  taught  therein. 
This  duty  .should  be  promptly  and  efficiently  performed.  Under  this 
section,  the  board  has  power  to  cause  to  be  built  suitable  out-houses, 
and  to  provide  blackboards,  and  other  things  necessary  to  the  success- 
ful management  of  the  school. 

It  may  be  wise  for  district  officers  to  be  guided  by  the  expressed  wish 
of  the  district  concerning  matters  which  this  section  commits  to  their 
care;  but  no  vote  of  the  electors  of  a  district  can  divest  its  officers 
of  the  authority  or  relieve  them  of  the  responsibility  with  which  the 
statute  clothes  them. 

In  the  exercise  of  the  discretion  confided  to  the  board  under  this 
section  it  should  distinguish  between  things  necessary  and  things  un- 
necessary, though  perhaps  desirable.  A  stove  is  a  necessity;  an  or- 
gan is  not. 

This  power  is  limited  by  the  power  to  raise  a  tax  prescribed  in 
subds.  5  and  8,  sec.  430;  and  is  also  conditional  upon  the  allowance 
of  the  account  of  the  board  at  a  district  meeting,  as  provided  in  sec. 
436,  except  where  the  district  has  already  provided  a  fund  and  directed 
the  board  to  purchase  and  pay  for  such  appendages  therefrom.  A 
purchase  of  seats  for  a  schoolhouse  by  the  board  before  the  district 
has  voted  to  raise  any  money  therefor  is  void  unless  the  account  be 
allowed  by  the  district  or  the  purchase  be  in  some  manner  ratified  by 
it.  The  allowance  of  such  account  is  a  condition  precedent  to  the 
levying  of  a  tax  therefor.  Retaining  and  using  such  seats  is  not  a 
ratification  of  the  express  contract  made  by  the  board  therefor,  when 
such  contract  was  never  presented  to  the  voters  of  the  district,  and 
there  is  no  evidence  to  show  that  they  knew  its  terms.  But  such 
retention  and  user  amount  to  an  approval  of  the  payment  of  the  pur- 
chase price  for  such  seats  by  the  board:  Kane  v.  School  District,  52 
Wis.,  502.  But  if  the  terms  of  such  contract  had  been  made  known 
to  the  voters  of  the  district  at  some  meeting  thereof,  and  they  had 
failed  to  act  thereon  and  had  afterwards  authorised  the  district  officers 
to  use  the  articles  purchased,  probably  this  would  have  bound  the  dis- 


DISTRICT  OFFICERS.  35 

trict  to  pay  the  agreed  price  —  certainly  to  pay  the  real  value:     Ibid. 
See  note  to  section  434. 

The  use  By  the  district  of  articles  purchased  by  the  board  or  one 
of  its  members  without  authority  does  not  bind  it  to  pay  for  them: 
Taylor  v.  District  Township,  25  Iowa,  437;  Johnson  v.  School  District, 
67  Mo.,  319. 

Purchase  of  maps,  books,  etc.  SECTION  436.  The  board  may 
purchase  such  books,  blanks  and  stationery  as  are  necessary  for 
keeping  a  record  of  the  proceedings  of  meetings  and  the  account 
of  the  treasurer,  and  for  doing  the  business  of  the  district  in 
an  orderly  manner,  such  maps,  charts,  globes  and  school  appa- 
ratus as  are  approved  by  the  state  superintendent  or  by  the 
county  superintendent  for  the  use  of  schools,  not  exceeding 
seventy-five  dollars  in  value  in  any  one  year,  and  such  school 
books  as  in  'their  judgment  may  be  necessary  for  the  use  of  any 
children  attending  school  in  their  district  whose  parents  and 
guardians  may  not  be  able  to  furnish  the  same.  All  such  pur- 
chases shall  be  approved  at  a  regular  meeting  of  the  board  at 
which  all  the  members  are  present.  The  board  shall  keep  an 
accurate  account  of  all  expenses  incurred  by  them  under  the 
provisions  of  this  section  and  present  an  itemized  statement  of 
such  purchases  to  the  annual  meeting. 

The  apparatus  most  likely  to  be  useful  in  the  public  schools  will  in- 
clude reading  charts,  writing  charts,  numeral  frames,  outline  maps, 
color  charts,  blackboards,  clock,  call  bell,  thermometer,  micro* 
scope  and  magnet.  See  comments  under  paragraph  9,  sec.  430. 

It  is  worth  while  to  emphasize  that  provision  of  the  section  which 
requires  that,  "All  such  purchases  shall  be  approved  at  a  regular 
meeting  of  said  board,  at  which  all  the  members  thereof  shall  be 
present."  No  contract  made  in  violation  or  neglect  of  this  plain  re- 
quirement will  bind  the  district,  and  all  questions  'as  to  payment  of 
the  purchase  price  of  any  school  apparatus  contracted  for  without  the 
regular  meeting  of  the  board  must  be  settled  by  the  firm  or  agent  and 
the  school  officers  as  individuals.  They  and  not  the  district  assume 
all  responsibilities. 

It  will  be  noticed  that  boards  are  restricted  to  the  purchase  of  such 
apparatus  as  has  been  approved  by  the  state  or  county  superintendent, 
and  boards  will  often  find  the  advice  of  disinterested  school  men  a 
safer  guide  than  their  own  unaided  judgments. 

Flags.  SECTION  43  6a.  Every  board  of  education  or  district 
board  shall  purchase  at  the  expense  of  the  city,  town,  village 
or  district  to  which  it  belongs  and  display  in  each  school-room 
or  from  a  flag-staff  on  each  school-house  or  on  the  grounds 
thereof  a  flag  of  the  United  States,  and  purchase  in  like  man- 
ner whatever  may  be  needed  for  the  display  or  preservation  of 
the  flag. 


I       1  1  M  f  V  £T  O  « 


36  SCHOOL  LAWS    OP   WISCONSIN. 

The  above  section  is  compulsory.  When  a  flag  is  purchased,  the  dis- 
trict board  should  make  some  provision  for  properly  caring  for  it. 
If  left  exposed  io  the  weather  it  will  be  quickly  destroyed.  The  teacher 
should  exercise  the  same  control  over  it  that  it  is  his  duty  to  exercise 
in  regard  to  other  district  property  placed  in  his  care  during  the  school 
term,  and  the  district  clerk  should  care  for  it  during  vacations. 

Deficiency  in  tax.  SECTION  437.  If  any  district,  at  its  an- 
nual or  at  a  subsequent  special  meeting1  prior  to  the  third  Mon- 
day of  November  following,  shall  not  vote  a  tax  sufficient  to 
maintain  a  school  for  the  term  of  six  [seven]  months' during 
the  ensuing  year,  the  board,  on  or  before  the  Wednesday  next 
following  said  third  Monday  of  Xovemher,  slia.ll  determine  the 
sum  necessary  to  be  raised  to  maintain  such  school,  and  the 
clerk  shall  forthwith  certify  to  tl-'O  town  clerk  the  amount  so 
fixed,  who  shall  assess  the  same  as  o'ther  district  taxes  are  as- 
sessed; and  all  school  money  received  from  the  school  fund  in- 
come shall  be  applied  exclusively  to  the  payment  of  teachers' 
wages. 

While  the  law  has  restrained. districts  on  the  one  hand,  from  voting 
excessive  taxes,  it  has  also  provided  a  security  against  the  parsimony 
or  negligence  that  would  sometimes  fail  to  open  schools  at  all,  or  that 
would  open  them  for  an  insufficient  period.  Seven  months'  school  in 
each  year  is  the  smallest  amount  that  entitles  a  district  to  share  in  the 
income  of  the  school  fund.  Not  to  provide  for  at  least  this  amount  is 
a  wrong  to  children,  and  an  injury  to  the  public  good.  The  district 
board  is  therefore  charged  with  the  duty  of  making  this  provision,  if 
it  is  not  done  by  the  district.  The  neglect  to  do  this  is  punishable  by 
fine,  or  removal  from  office.  See  sections  507,  4549  and  4550. 

Contract  with  teacher.  SECTION  438.  The  board  shall  con- 
tract with  qualified  teachers,  specify  in  the  contract  the  wages 
per  week,  month -or  year  to  be  paid,  and  when  completed  file 
the  contrac't,  with  a  copy  of  the  certificate  of  the  teacber  so 
employed  attached  thereto,  with  the  clerk.  Xo  contract  with 
any  person  not  holding  a  diploma  or  certificate  authorizing  him 
to  teach  shall  be  valid ;  and  all  such  contracts  shall  terminate 
if  the  authority  to  teach  expire  by  limitation  and  bo  not  re- 
newed or  be  revoked. 

See  Form  No.  21. 

The  duty  here  devolving  upon  the  district  board,  like  any  other  act 
performed  by  it.  must  be  preceded  by  a  regular  meeting,  as  provided 
for  in  section  432.  The  district  board  has  no  authority  whatever  for 
paying  money  from  the  district  treasury  for  the  services  of  a  teacher 
who  has  not  been  hired  strictly  in  accord  with  statutory  direction.  See 
section  422  and  the  comments  thereon.  Through  failure  to  comply 
with  the  law,  district  officers  render  themselves  liable  to  serious  pecu- 
niary loss. 


DISTRICT    OFFICERS. 


3  'f 
7 


Two  of  the  board  may  be  in  favor  of  hiring  a  certain  teacher,  and 
may  think  that  because  they  are  a  majority  there  is  no  need  of  a  meet- 
ing to  consider  the  subject.  But  each  member  of  the  board  has  an 
equal  right  to  be  heard.  Two  of  th.e  board  have  no  right  to  assume 
that  the  other  member  may  not  be  able  to  give  good  reasons  for  hiring 
some  other  person  than  their  candidate.  Common  courtesy  as  well  as 
the  law  requires  a  meeting  for  deliberation. 

In  negotiating  for  a  teacher,  the  board  should  first  of  all  ascertain 
that  the  person  is  legally  "qualified."  The  only  legal  evidence  of  this 
is  an  unexpired  certificate  from  the  proper  superintendent.  If  the 
county  be  divided  into  two  superintendent  districts,  the  certificate 
must  be  from  the  superintendent  of  that  division  of  the  county  in 
which  the  school  is  to  be  taught.  In  case  of  a  joint  district  not 
wholly  within  the  jurisdiction  of  one  superintendent,  the  certificate 
must  be  from  the  superintendent  within  whose  jurisdiction  the  school- 
house  is  situated.  A  certificate  has  no  validity  or  force  beyond  the 
county  or  jurisdiction  within  which  it  is  given,  although  "indorsed" 
by  some  other  superintendent. 

The  contract  is  of  no  force  unless  signed  by  at  least  two  members 
of  the  board.  It  is  better  that  it  be  signed  by  all. 

There  is  no  authority  for  making  a  contract  whereby  the  teacher 
engages  to  board  with  the  parents  of  the  children. 

The  employment  of  any  member  of  the  district  board  to  teach  the 
school  is  not  strictly  forbidden  by  statute;  nevertheless,  it  must  be 
considered  illegal,  because  against  public  policy;  and  a  contract  by  a 
majority  of  the  board  with  one  of  their  own  number,  could  not  be  en- 
forced. 25  Wis.,  551. 

The  binding  character  upon  the  district  or  upon  the  in-coming  board, 
of  contracts  with  teachers  to  extend  beyond  the  close  of  the  school 
year,  is  conditional.  (16  Wis.,  336.)  But  if  such  contract  be  allowed 
to  stand,  the  district  will  be  liable  for  services  rendered  under  it. 

The  selection  of  the  teacher  and  the  amount  of  his  compensation 
are  committed  to  the  discretion  of  the  board.  The  board  may  respect 
the  expressed  wish  of  the  inhabitants,  but  the  duty  and  responsibility 
of  action  in  these  matters  remains  with  it. 

The  teacher's  security  lies,  first,  in  securing  legal  qualification  to 
teach;  second,  in  securing  a  legal  contract.  A  verbal  agreement  may 
be  incapable  of  proof,  and  may  be  broken. 

A  teacher  holding  a  legal  contract  may  be  dismissed  for  cause,  dur- 
ing its  continuance,  but  the  burden  of  proof  always  rests  with  the 
party  that  terminates  a  legal  contract. 

A  teacher  prevented  from  rendering  full  service  by  the  destruction 
of  the  schoolhouse,  or  by  the  v suspension  of  the  school  by  order  of  the 
board,  on  account  of  the  prevalence  of  a  contagious  disease,  if  ready 
at  all  times  to  render  the  service  for  which  he  contracted,  may  recover 
full  compensation.  50  Vt.,  30;  43  Mich.,  480. 

A  minor  possessing  the  qualifications  may,  with  the  assent  of  his 
father,  contract  with  a  board  to  teach  school.  The  law  seems  to  con- 
template that  the  contract  shall  be  made  with  the  teacher,  not  the 
father.  If  no  agreement  is  made  by  the  father  to  relinquish  the  minor's 
wages  he  may  maintain  an  action  against  the  board  for  them:  Mona- 
ghan  v.  School  District,  38  Wis.,  100. 

Rules — Expulsion  of  pupils.  SECTION  439.  The  board  may 
make  all  rules  needful  for  the 'government  of  the  school,  such 
rules  to  take  effect  when  a  copy  of  the  same,  signed  by  a  ma- 


38  SCHOOL  LAWS  OF  WISCONSIN. 

jorky  of  the  board,  is  filed  with,  the  clerk;  may  suspend  any 
pupil  from  school  for  non-compliance  with  the  rules  made  by 
themselves  or  by  the  teacher  with  their  consent;  may  expel  any 
pupil  whenever,  upon  due  examination,  they  find  him  guilty 
of  persistent  refusal  or  neglect  to  obey  the  rules  of  the  school 
and  become  satisfied  that  the  interests  of  the  school  demand 
his  expulsion;  and  may  admit  free  of  tuition  any  person  be- 
tween twenty  and  thirty  years  of  age  residing  in  the  district 
to  any  school  under  their  control  when  in  their  judgment  it 
will  not  interfere  with  the  pupils  of  school  age. 

The  board  has  power  to  make  all  needful  rules  and  regulations  for 
the  organization,  gradation  and  government  of  the  school,  and  to  sus- 
pend any  pupil  for  non-compliance  with  reasonable  rules  established 
by  it,  or  by  the  teacher  with  its  consent.  35  Wis.,  59;  45  Wis.,  150. 
But  in  matters  of  this  kind  the  board  will,  in  the  main,  be  guided 
by  the  advice  of  the  teacher.  While  the  teacher  is  subordinate  to,  and 
must  execute  the  orders  of  the  board,  he  is  responsible  for  the  con- 
duct, discipline  and  progress  of  his  pupils,  and  should,  generally,  be 
allowed  to  decide  as  to  the  means  and  methods  of  discharging  this 
responsibility.  Rules  adopted,  or  approved  by  the  board,  should  be 
recorded  in  its  minutes. 

While  'there  is  no  doubt  as  to  the  authority  of  the  board  to  expel 
a  pupil  for  continued  insubordination  or  gross  immorality,  humanity 
demands  that  all  other  remedies  should  be  exhausted  before  resorting 
to  this  extreme  measure.  It  is  the  province  of  the  schools  to  make 
good  men  and  good  women  from  such  material  as  is  furnished  by  the 
several  communities.  Their  efficiency  is  commensurate  with  their 
power  to  incite  the  love  of  right  things. 

It  becomes  the  duty  of  a  school  board  to  expel  a  pupil  whenever 
it  is  convinced  that  his  con*inuarce  in  school  will  result  in  its  demor- 
alization, or  in  the  contamination  of  his  fellows;  but  the  proof  on 
which  the  conviction  rests  should  be  indubitable.  It  should  be  re- 
membered that  the  object  of  school  discipline  is  to  reform  and  re- 
store. If  the  board  neglects  to  make  rules  for  the  government  of  the 
school,  the  authority  of  the  teacher  to  enforce  obedience  to  reasonable 
requirements  is  unquestionable. 

The  teacher  may  quell  insubordination  by  corporal  punishment  or 
by  suspension.  But  these  are  extreme  remedies,  and  are  justifiable 
only  where  other  means  fail,  or  are  plainly  inadequtae. 

Courts  have  uniformly  sustained  the  authority  of  school  boards  to 
make  and  enforce  rules  requiring  pupils  to  bring  written  excuses  for 
absence  and  tardiness  under  penalty  of  suspension. 

The  rule  must  be  reasonable,  and  must  be  enforced  in  a  reasonable 
manner.  Tf  a  school  board  should  authorize  suspension  for  absence 
occasioned  by  a  violent  storm;  by  the  illness  of  the  child,  or  by  illness 
or  death  in  his  family,  the  rule  would  be  unreasonable  and  therefore 


Barring  schoolhouse  doors  against  tardy  children  in  cold  or  stormy 
weather  would  be  cruel,  and  would  not  be  sustained. 

Not   unfrequently  there  is  a   disposition  to   question  the  teacher 
right  to  enforce  his  authority  by  the  infliction  of  corporal  punishment. 
It  should  be  borne  in  mind  that  the  teacher  who  contracts  to  manage 


DISTRICT   OFFICERS.  39 

a  public  school  undertakes  to  do  something  more  than  merely  to  pre- 
scribe lessons  and  hear  recitations.  He  assumes  to  govern  the  school, 
to  maintain  quiet  and  order  in  and  about  the  schoolhouse,  and  to 
compel  such  conduct  on  the  part  of  the  pupils  as  shall  best  conduce 
to  their  own  welfare  and  that  of  the  school  as  a  whole.  This  author- 
ity would  be  nugatory  if  the  teacher  were  not  armed  with  some  co- 
ercive power.  Accordingly,  the  supreme  courts  of  nearly  every  state 
in  the  union  have  held,  with  singular  unanimity,  to  the  determina- 
tion that  the  teacher  has  the  right,  in  the  execution  of  his  duty,  to 
inflict  corporal  punishment.  Our  own  supreme  court,  in  45  Wis.,  p. 
150,  held  that,  "A  teacher  is  responsible  for  the  discipline  of  his  school, 
and  for  the  progress,  conduct  and  deportment  of  his  pupils.  It  is  his 
imperative  duty  to  maintain  good  order  and  to  require  of  his  pupils 
a  faithful  performance  of  their  duties.  If  he  fails  to  do  so,  he  is  un- 
fit for  his  position.  To  enable  him  to  discharge  these  duties  effectually, 
he  must  necessarily  have  the  power  to  enforce  prompt  obedience  to 
his  lawful  commands.  For  this  reason  the  law  gives  him  power,  in 
proper  cases,  to  inflict  corporal  punishment  upon  refractory  pupils." 
The  courts  have  held  as  uniformly  that  the  teacher  was  liable  for  the 
castigation  of  his  pupils  only  when  the  punishment  was  unreasonable, 
or  was  inflicted  from  malicious  motives.  It  has  also  been  held  that 
the  teacher*  is  the  best  judge  both  of  the  need  and  the  measure  of  pun- 
ishment. There  are  many  circumstances  tending  to  determine  the 
guilt  of  the  pupil  which  cannot  be  set  up  in  evidence, — such  fas  the 
manner  of  the  pupil,  his  tone  of  voice  and  general  conduct.  Still,  the 
infliction  of  physical  pain  has  little  educational  value,  and  a  wise 
teacher  will  seldom  resort  to  this  method  of  securing  obedience. 

Attendance  at  school.  SECTION  43£)&,  as  amended  by  chap. 
251,  laws  of  1901.  Any  person  having  under  Ms  control  any 
child  between  the  ages  of  seven  and  fourteen  years  shall  cause 
such  child  to  attend  some  public  or  private  school  for  at  least 
twelve  weeks  in  each  school  year;  provided,  that  tin's  section 
shall  not  apply  to  any  child  who  is  being  otherwise  instructed 
in  the  elementary  branches  of  learning  for  a  like  period,  or 
who  has 'already  acquired  such  knowledge,  or  whose  mental  or 
iphysical  condition  is  such  as  to  render  his  attendance  at  school 
:and  application  to  study  inexpedient  or  impracticable,  or  who 
'ilives  more  than  two  miles  from  any  school  by  the  nearest  trav- 
eled road,  or  who  is  excused  for  sufficient  reasons  by  any  court 
.of  record.  Any  person  who  shall  violate  the  provisions  of  this 
section  shall  forfeit  not  less  than  three  dollars  nor  more  than 
twenty  dollars  for  each  offense. 

Duty  of  officers,  SECTION  4396.  It  shall  be  the  duty  of  the 
"director  or  the  president  of  any  board  of  education,  or  any  tru- 
:ant  officer  appointed  by  such  board  of  education,  to  sue  for 
:any  forfeiture  under  the  preceding  section,  and  any  such  of- 
ficer neglecting  so  to  do  within  fifteen  days  after  a  written  no- 


40  SCHOOL  LAWS    OF  WISCONSIN. 

tice  has  been  served  upon  him  by  any  qualified  elector  or  tax- 
payer within  the  district,  village  or  city  within  which  the  of- 
fending person  shall  reside  shall  himself  be  liable  to  a  forfeiture 
of  not  less  than  ten  nor  more  'than  twenty  dollars  for  each  of- 
fense. 

Truant  officers.  SECTION  439c.  The  board  of  education  or 
the  district  board  may  appoint  one  or  niore  truant  officers, 
whose  duty  it  shall  be,  acting  discreetly,  to  apprehend  upon 
view  all  children  between  seven  and  'thirteen  [fourteen]  years 
of  age  who  habitually  frequent  or  loiter  about  public  places 
and  have  no  lawful  occupation,  and  place,  such  children,  when 
so  apprehended,  in  such  schools  as  the  parent  or  other  person 
having  the  control  of  such  childrei  may  designate.  And  such 
officers  shall  report  all  cases  of  truancy  to  their  respective 
boards  within  a  reasonable  time.  Such  truant  officers  shall 
be  entitled  'to  such  compensation,  to  be  paid  out  of  the  school 
fund,  as  shall  be  fixed  by  the  boards  appointing  them. 

Use  of  forfeiture.  SECTION  43  9d.  The  forfeiture  herein 
provided  for,  when  collected,  shall  be  paid  over  to  the  proper 
treasurer,  to  be  accounted  for  by  him  as  money  raised  for  school 
purposes  in  the  city,  town,  village  or  district  in  which  the  per- 
son suffering  the  forfeiture  resided  a>t  the  time  thereof. 

Census  officer's  duty.  SECTION  4390.  It  shall  be  the  duty  of 
all  officers  empowered  to  take  the  school  census  to  ascertain 
the  number  of  children  between  the  ages  of  seven  and  thirteen 
[fourteen]  years  in-  their  respective  districts,  the  number  of 
children  between  such  ages  who  did  not.  attend  school,  and,  as 
far  as  possible,  the  cause  of  such  failure  to  attend  school. 

The  five  preceding  sections  are  based  on  chapter  187,  1891,  which 
took  the  place  of  chapter  ,519,  1889,  and  was  a  substitute  for  all  previous 
compulsory  attendance  legislation. 

The  law  requires  every  person  having  control  of-  a  child  between 
the  ages  of  seven  and  fourteen  years  to  send  such  child  to  school  at 
least  twelve  weeks  in  each  school  year,  unless  he  is  suitably  instructed 
otherwise  in  the  elementary  branches  of  learning,  or  has  acquired  such 
knowledge.  Children  whose  mental  or  physical  condition,  or  whose 
remoteness  from  a  schoolhouse  renders  their  attendance  at  school 
unwise  or  inexpedient,  are  also  exempted  from  the  requirements  of 
this  act.  Penalties  are  provided  for  violation  of  this  law.  It  is  made 
the  duty  of  the  director  of  a  district  or  president  of  a  board  of  edu- 
cation to  enforce  the  law,  and  for  neglect  of  such  enforcement  sucn 
school  officers  are  rendered  liable  whenever  complaint  is  made  by  2 
elector  or  taxpayer.  The  law  also  provides  for  the  appointment  and 


CHILD  LABOR. 


compensation  of  truant  officers,  whose  special  duty  it  shall  be  to  se- 
cure the  attendance  of  children  who  become  loiterers  in  public  places. 
Fines  collected  under  this  act  are  devoted  to  the  support  of  the  local 
public  schools.  And  it  further  provides  for  taking  the  annual  school 
census  in  such  a  way  as  to  reveal  specifically  the  number  of  persons 
within  the  ages  prescribed,  and  who  of  them  did  not  attend  school 
during  the  year  preceding. 


CHILD  LABOR  LAW. 

Child  labor  law.  (Chapter  274,  laws  of  1809,  as  amended  by 
chapter  182,  laws  of  1901,  relating  to  child  labor.)  SECTION  1. 
'No  child  under  fourteen  years  of  age  shall  be  employed  at  any 
time  in  an^'  factory  or  workshop,  bowling  alley,  bar  room,  beer 
garden',  or  in  or  about  any  mine.  ~No  such  child  shall  be  em- 
ployed in  any  mercantile  establishment,  laundry,  or  in  the  tele- 
graph, telephone  or  public  messenger  service,  except  during  the 
vacation  of  the  public  schools  in  the  town,  district  or  city  where 
such  child  is  employed. 

SECTION  2.  It  shall  be  the  duty  of  every  person,  firm  or 
corporation,  agent  or  manager  of  any  firm  or  corporation  em- 
ploying minors  in  any  mercantile  establishment,  store,  office, 
laundry.,  manufacturing  establish  ^'moii't,  factory  or  workshop, 
bowling  alley,  bar  room,  beer  garden,  or  in  the  telegraph,  tele- 
phone or  public  messenger  service  within  this  state  to  keep  a. 
register  in  said  mercantile  establishment,  store,  office,  laundry, 
manufacturing  establishment,  factory  or  workshop,  bowling 
alley,  bar  room,  beer  garden,  in  which  said  minors  shall  be 
employed  or  permitted  or  suffered  to  work,  in  whicl:;  register 
shall  bo  recorded  the  name,  age,  date  of  birth,  place  of  resi- 
dence, of  every  child  employed  or  permitted  or  suffered  to  work 
therein  under  the  age  of  sixteen  years,  and  it  shall  be  unlawful 
for  any  person,  firm  or  corporation,  agent  or  manager  of  any 
firm  or  corporation  to  hire  or  employ  or  to  permit  or  suffer 
to  work  in  any  mercantile  establishment,  store,  office,  laundry, 
manufacturing  establishment,  factory  or  workshop,  bowling 
alley,  bar  room,  beer  garden,  telegraph,  telephone  or  public 
messenger  service,  any  child  under  the  age  of  sixteen  years 
unless  there  is  first  provided  and  placed  on  file  in  such  mercan- 
tile establishment,  store,  office,  laundry,  manufacturing  estab- 
lishment, factory  or  workshop,  bowling  alley,  bar  room,  beer 
garden,  an  affidavit,  made  by  the  parent  stating  the  name,  date 
and  place  of  birth  and  name  and  place  of  'tb'e  school  attended 


42  SCHOOL  LAWS   OF  WISCONSIN. 

by  such  child.  If  such  child  have  no  parents  or  guardian,  then 
such  affidavit  shall  be  made  by  the  child,  and  the  register  and 
affidavit  herein  provided  for  shall,  on  demand,  be  produced  and 
shown  for  inspection  to  the  factory  inspector,  assistant  factory 
inspectors  or  any  officer  of  the  bureau  of  labor  and  industrial 
statistics. 

SECTION  3.  Whenever  it  appears  upon  due  examination  that 
the  labor  of  any  minor  over  twelve  years  of  age,  who  would  be  de- 
barred from  employment  under  the  provisions  of  section  1  and 
section  3  of  this  act  is  necessary  for  the  support  of  the  family 
to  which;  said  child  belongs  or  for  its  own  support,  the  county 
judge  of  the  county  wThere  said  child  resides,  the  commissioner 
of  labor  or  any  factory  or  assistant  factory  inspector  may  in  the 
exercise  of  their  discretion  issue,  free  of  charge,  a  permit  or 
excuse  authorizing  the  employment  of  such  minor  within  such 
time  or  times  as  they  may  fix. 

At  the  suggestion  of  the  factory  inspectors  and  the  department  of 
labor  statistics  the  above  chapter  giving  the  law  relating  to  child 
labor  is  printed  in  this  connection  for  the  convenience  of  school  offi- 
cers and  parents  who  may  not  have  easy  access  to  the  statutes  or  the 
session  laws. 


TEXT-BOOKS. 

Choice  .and  change  of  text-books.  SECTION  440.  The  board 
shall  determine  what  text-books  shall  be  used  in  the  school, 
make  a  list  of  such  books,  file  a  copy  with;  the  clerk  and  keep 
a  copy  posted  in  the  school  house.  When  text-books  shall  have 
been  so  adopted  (except  in- districts  furnishing  free  text-books 
to  all  pupils  in  the  school)  they  shall  not  be  changed  for  the 
term  of  three  years,  nor  shall  any  change  of  text-books  be  mado 
in  the  school  (except  in  districts  so  furnishing  free  text-books) 
until  authorized  by  a  majority  vote  of  the  legal  voters  of  the 
district  at  the  annual  meeting;  and  it  is  hereby  made  the  duty 
of  the  clerk  to  embody  in  his  notice  of  such  meeting  the  fact 
that  the  question  of  a  change  of  text-books  will  then  be  sub- 
mitted. 

The  purpose  of  this  section  is  to  exempt  districts  furnishing  free 
text-books  from  that  provision  of  the  original  statute  that  requires 
district  boards  to  retain  adopted  text-books  at  least  three  years;  and 
permits  them  to  change  them  only  when  authorized  to  do  so  by  a 
vote  of  the  district  at  an  annual  school  meeting.  This  section  removes 
this  restriction  from  districts  that  furnish  text-books  free,  and  leaves 
the  adoption  and  change  of  text-books  to  the  discretion  of  district 
boards.  Experience  has  clearly  shown  that  the  plan  of  furnishing 


text-books  free  to  pupils  in  districts  and  cities  is  the  most  satisfactory, 
and  much  less  expensive  to  the  district  or  city  as  a  whole  than  any 
other  plan  so  far  devised  and  provided  for  by  law.  It  enables  school 
boards  to  furnish  each  pupil  in  the  district  with  necessary  and  suit- 
able books  of  the  best  kind  at  once  upon  entering  school  and  at  a 
cost  to  the  district  of  from  one-third  to  one-half  of  what  is  usually 
paid  out  by  parents  during  the  school  life  of  their  children.  It  is  found 
in  many  cases  that  the  first  cost  of  introducing  the  free  text-book  sys- 
tem is  the  greatest  objection  to  the  plan. 

This  may  be  overcome  by  the  gradual  introduction  of  the  system. 
For  instance,  if  the  electors  of  the  school  district  should  at  the  an- 
nual meeting  vote  to  adopt  free  text-books,  and  the  directions  to  the 
district  board  were  to  furnish  readers,  language  books,  and  grammars 
only  for  the  coming  year,  the  expense  would  be  slight.  Next  year  the 
electors  might  extend  the  system  by  authorizing  the  board  to  procure 
geographies,  spellers,  and  arithmetics,  and  other  needed  books  might 
be  provided  for  later.  The  books  are  handled  under  this  system  by 
the  school  district  board,  and  they  are  placed  directly  in  the  charge 
of  the  district  clerk  when  the  school  is  not  in  session.  It  is  his  duty 
to  see  that  they  are  placed  in  the  schoolhouse  at  the  beginning  of 
each  term  and  he  should  keep  in  connection  with  the  other  district 
record  required  by  law,  a  complete  record  of  all  books  purchased  by  the 
board,  furnished  tp  the  teacher  by  him,  and  received  from  the  teacher 
at  the  close  of  the  year  or  each  term.  The  teacher  should  take  charge 
of  issuing  the  books  to  the  pupils,  and  should  keep  a  record  of  all 
books  so  issued,  a  record  of  their  return  by  the  pupils,  and  make 
some  note  as  to  the  condition  of  the  books  when  received.  If  properly 
cared  for,  the  books  should  be  serviceable  for  from  five  to  six  years, 
and  after  the  first  adoption  the  district  will  only  be  under  the  neces- 
sity of  making  provision  to  supply  books  that  have  been  worn  out 
or  lost.  If  books  are  carelessly  handled  or  destroyed  by  the  pupils, 
the  pupils  or  their  parents  should  be  held  to  account  for  the  amount 
of  the  loss.  * 

Same  in  cities.  SECTION  440&.  The  board  of  education  in 
any  cky  shall  determine  what  text-books  shall  be  used  in  its 
schools,  make  a  list  of  such  books,  file  a  copy  with  their  clerk 
or- secretary  and  keep  a  copy  posted  in  each  school  building. 
When  text-books  shall  have  been  so  adopted,  except  in  a  city 
which  furnishes  free  text-books  to  the  pupils  in  its  public  schools 
they  shall  not  be  changed  for  three  years.  In  any  city  where  the 
district  system  is  not  in  force  the  board  of  education  may, 
under  the  limitations  of  this  section,  order  changes  in  text-books 
as  aforesaid.  Such  changes,  except  as  to  free  text-books  as 
aforesaid,  shall  be  approved  by  the  city  council;  and  the  board 
of  education  may  purchase  text-books  for  use  in  its  schools,  and 
loan  or  furnish  them  to  pupils  under  such  conditions  or  regu- 
lations as  they  may  prescribe.  But  no  text-books,  which  would 
have  a  tendency  to  inculcate  sectarian  ideas  shall  be  used  in  any 
public  school. 


44  SCHOOL   LAWS   OP  WISCONSIN. 

Penalty.  SECTION  440&.  Every  member  of  the  district 
board  or  of  a  board  of  education,  when  a  list  of  text-books  has 
been  adopted  according  to  law,  who  shall,  within  three  years 
from  the  date  of  such  -adoption,  order  a  change  of  text-books 
in  his  district  or  city  shall  forfeit  the  sum  of  fifty  dollars. 

This  is  applicable  to  all  school  officers  except  those  of  districts  and 
of  cities  furnishing  free  text-books. 

By  the  above  provisions,  it  will  be  seen  that  in  the  first  instance,  be- 
fore any  list  of  text-books  has  been  adopted  for  use  in  the  district, 
the  district  board  is  authorized  and  required  to  adopt  such  a  list,  file 
one  copy  with  the  clerk,  and  post  one  copy  in  the  school  room.  After 
this  list  is  adopted,  no  change  in  that  list  can  be  made  for  three  years, 
and  thereafter  only  when  the  district,  at  a  regular  annual  meeting, 
shall  authorize  the  board  to  make  changes  therein  by  a  vote  of  the 
majority  of  the  voters  present. 

It  is  always  safe  to  presume,  when  there  is  considerable  uniformity 
of  books  in  use,  that  a  list  has  been  adopted  at  some  time,  although 
no  list  can  be  found  in  the  file  of  the  clerk,  or  posted  in  the  school 
room;  no  changes  should  be  made  until  the.  electors  authorize  the 
board  to  cfo  so. 

In  regard  to  a  meeting  of  the  board,  the  only  safe  plan  is  to  call 
and  hold  a  meeting  as  provided  in  section  432,  before  acting  upon 
any  important  matter  like  that  of  changing  or  adopting  text-books, 
hiring  teachers,  etc.,  etc.,  and  the  attention  of  school  officers  is  par- 
ticularly called  to  the  fact  that  the  electors  at  a  school  meeting  have 
no  authority  to  change  text-books  within  three  years  after  their  adop- 
tion; that  the  electors  at  any  special  meeting  cannot  authorize  a  change, 
and  that  there  is  no  authority  for  making  contracts  with  publishing 
houses  for  a  specified  time. 

School  boards  are  charged  with  no  more  delicat^  duty  than  the  one 
imposed  by  these  sections.  The  law  imposes  upon  district  boards  the 
duty  and  the  responsibility  of  adopting  text-books  for  the  schools.  In 
the  discharge  of  this  duty  boards  will  do  well  to  call  to  their  aid 
the.  teacher  and  those  best  acquainted  with  the  actual  merits  of  the 
books.  Such  persons  will  be  the  best  judges  of  the  adaptation  of  the 
books  to  the  needs  of  the  school. 

Board  to  visit  school.  SECTION  441.  The  board  shall  visit 
the  school,  examine  into  its  condition,  advise  with-  'the  teacher 
in  regard  to  the  instruction,  government  and  progress  of  the 
pupils,  and  exercise  such  general  supervision  as  may  be  neces- 
sary to  cany  out  the  provisions  of  this  chapter. 

Insurance.  SECTION  441&.  Any  district  board  or  board  of 
education  may  insure  the  school  property,  and,  if  necessary, 
execute  a  note  for  the  premiums. 


SCHOOL  OFFICERS— SPECIAL  DUTIES.  45 

SCHOOL  OFFICERS— SPECIAL  DUTIES. 
DIRECTOR. 

His  duties.  SECTION  442.  It  shall  be  the  duty  of  the  director 
of  each  district : 

1.  To  countersign    all  orders  legally    drawn  "by    the    clerk 
iipon.  the  treasurer  of  the  district. 

2.  To  appear  for  and  on  behalf  of  the  district  in  all  actions 
brought  by  and  against  it,  when  no  other  direction  shall  have 
been  lawfully  given  at  a  district  meeting. 

3.  To  cause  an  action  to  be  prosecuted  in  the  name  of  the 
district  on  the  treasurer's  bond  in  case  of  any  breach  of  any  con- 
dition thereof,  and  'to  apply  all  money  when  collected  to  the  use 
of  the  district  as  the  same  should  have  been  applied  by  the  treas- 
urer. 

The  words  "legally  drawn,"  in  the  first  clause  of  this  section,  make 
it  the  duty  of  the  director  to  ascertain  that  orders  on  the  district 
treasury  have  been  drawn  in  accordance  with  law,  before  affixing  his 
signature  thereto. 

By  the  provisions  of  subdivision  17,  of  section  430,  the  district  has 
power,  at  any  meeting  duly  called,  to  give  such  direction  and  make 
such  provision,  as  may  be  deemed  necessary  in  relation  to  the  prose- 
cution or  defense  of  any  action  or  proceeding  in  which  the  district 
may  be  a  party  or  interested;  and  unless  some  other  person  is  desig- 
nated to  perform  the  duty,  the  director  is  required  to  bring  suit  and 
carry  out  tfie  will  of  the  meeting. 

In  case  of  a  breach  of  the  treasurer's  bond  it  is  the  duty  of  the  di- 
rector to  commence  proceedings  to  protect  the  interests  of  the  district 
at  once,  without  waiting  for  the  action  of  a  district  meeting.  He  may 
also  bring  suit  for  an  injury  to  a  schoolhouse  without  direction  from 
the  electors.  21  Wis.,  657. 

If  an  action  is  commenced   against  the  district,  the  director  must 
appear  in  behalf  of  the  district,  without  waiting  for  authority  from  a 
district   meeting.     The   district  may,   however,    designate   some   other 
person  to  act  as  its  representative  in  the  defense. 
» 

TREASURER. 

« 

Bond.  SECTION  443.  The  treasurer  shall,  within  ten  davs 
after  his  election  or  appointment,  execute  to  the  district  and  file 
with  the  clerk  a  bond,  in  double  'the  amount,  as  nearly  as  can 
be. ascertained,  of  all  the  money  of  the  district  to  come  into  his 
hands,  with  sufficient  sureties  conditioned  for  the  faithful  dis- 
charge of  his  duty  and  approved  by  the  director  and  clerk.  He 
shall  hold  office  until  his  successor  be  elected  or  appointed  and 


46  SCHOOL  LAWS   OP  WISCONSIN. 

qualified  as  herein  provided.  "Whenever  the  director  and  clerk 
shall  deem  the  hond  of  the  treausrer  insufficient  they  shall  de- 
mand an  additional  bond  in  such  sum  as  they  shall  fix,  condi- 
tioned, approved  and  filed  in  the  manner  aforesaid,  within  ten 
days  after  such  demand.  The  neglect  or  refusal  to  file  such 
bond  in  either  case  shall  vacate  the  office.  Neither  the  director, 
clerk  nor  teacher  shall  hold  the  office  of  treasurer  in  his  own  dis- 
trict. 

See  Forms  Nos.  22  and  23. 

School  district  treasurers  hold  their  offices  until  their  successors  are 
elected  or  appointed,  and  qualified  ly  filing  the  required  bond. 

A  neglect  to  file  the  bond  completed  and  approved,  within  ten  days, 
as  the  law  directs,  vacates  the  office.  Filing  it  with  the  approval  of 
one  member  of  the  board  only,  is  of  no  effect.  It  is  obviously  improper 
for  either  tKe  director  or  the  clerk  to  become  surety  for  the  treasurer. 

The  power  granted  the  clerk  and  director  by  this  section  to  require 
an  additional  bond,  when  deemed  necessary,  should  be  exercised  when- 
ever the  interests  of  the  district  demand  it.  No  good  citizen  will  re- 
gard the  exercise  of  this  power  as  an  imputation  upon  his  character. 
Whenever  the  surety  on  the  bond  is  not  such  as  the  law  requires, 
it  is  obviously  the  duty  of  the  treasurer  to  furnish  additional  secu- 
rity, and  it  must  be  done  within  ten  days,  just  as  in  the  original  filing 
of  the  bond. 

When  the.  office  is  vacated  from  either  of  the  causes  named,  the 
board  will  appoint  a  treasurer,  who  will  be  subject  to  the  same  con- 
ditions and  possess  the  same  powers  as  if  elected  to  the  office. 

By  this  section  the  treasurer  is  required  to  file  a  bond  with  securi- 
ties that  are  sufficient  in  the  judgment  of  the  director  and  clerk,  but 
these  officers  are  to  be  guided  in  this  matter  by  a  sound  discretion, 
and  not  by  caprice.  They  may  require  the  affidavit  of  bondsmen,  cer- 
tifying that  they  are  worth  the  amount  for  which  the  bond  renders 
•them  responsible,  in  their  own  right;  but  they  may  not  use  the  dis- 
cretion with  which  the  law  vests  them  to  defeat  the  will  of  the  dis- 
trict. 

Failure  of  a  treasurer  to  pay  over  money  in  his  hands  on  his  removal 
from  office  is  a  breach  of  his  bond,  and  no  demand  is  necessary  to  fix 
the  liability  of  his  sureties.  27  Wis.,  505. 

The  district  has  no  power  to  release  a  treasurer  from  liability  for 
money  lost  or  mis-applied  by  him.  10  Neb.,  293. 

If  a  district  treasurer  pays  out  any  money  of  the  district  except 
upon  an  order  therefor,  properly  drawn  by  the  clerk  and  countersigned 
by  the  director,  he  may  be  held  responsible  to  the  district  for  the 
sum  so  paid.  9.8  Wis.,  page  22. 

Treasurer's  duties.  SECTION  444.  The  treasurer  shall  apply 
for  and  receive  from  the  town  treasurer  all  money  apportioned 
to  or  collected,  for  the  district  and  pay  money  on  the  order  of 
•the  clerk  countersigned  by  the  director,  and  not  otherwise.  He 
shall  keep  a  book  in  which  te  shall  enter  all  the  money  received 
and  disbursed  by  him,  specifying  particularly  the  sources  from 
which  the  same  has  been  received,  the  persons  to  whom 


SCHOOL  OFFICERS— SPECIAL  DUTIES.  47 

and  the  object  for  which  the  same  has  been  paid,  and 
shall  afford  the  clerk  access  thereto  when  desired  to  enable  him 
to  make  his  annual  report.  He  shall  present  to  the  annual 
meeting  a  report  in  writing  containing  a  statement  of  all 
moneys  received  by  him  during  the  preceding  year  and  of  each 
item  of  disbursement  made  by  him  and  exhibit  the  voucher 
therefor.  At  the  close  of  his  term  of  office  he  shall  settle  with 
the  board  and  deliver  to  his  successor  said  books,  all  vouchers, 
orders,  papers  and  money  coming  into  and  remaining  in  his 
hands  as  treasurer. 

While  this  section  requires  the  treasurer  "to  pay  all  money  received 
by  him  on  the  order  of  the  clerk,  countersigned  by  the  director,"  It 
should  be  borne  in  mind  that  he  is  a  member  of  the  district  board  and 
•is  bound  by  the  general  law  prohibiting  these  officers  from  paying 
orders  for  money  that  has  not  been  appropriated  according  to  law.  See 
section  446.  He  is  not  bound  to  pay  an  order  to  satisfy  an  appro- 
priation (made- by  the  board)  about  which  he  was  not  consulted.  59 
Wis.,  518. 

An  order,  although  properly  drawn,  does  not  relieve  a  treasurer  of 
his  responsibilities  as  a  district  officer.  It  is  his  business  to  see  that 
the  money  of  the  district  is  disbursed  according  to  law. 

The  district  treasurer  can  ascertain  the  amount  of  money  to  which 
his  district  is  entitled,  by  examining  the  certificate  of  apportionment 
on  file  in  the  town  treasurer's  office,  which  that  officer  receives  from 
the  town  clerk.  The  district  treasurer  should  pay  all  legal  orders  in 
the  order  of  presentation,  when  no  special  direction  appears  upon  the 
order  to  the  contrary. 

The  law  now  requires  the  treasurer  to  give  the  clerk  access  to  his 
books  in  making  his  report. 

It  is  a  duty  which  the  treasurer  owes  to  himself,  as  well  as  to  his 
district,  to  keep  an  accurate  record  of  his  accounts,  so  as  to  be  able 
to  present  a  clear  and  satisfactory  statement  of  the  transactions  of  the 
year.  The  account  required  to  be  kept  by  him,  may  be  a  simple  cash 
account,  in  which  the  treasurer  personally,  and  in  his  individual  name 
is  charged  with  all  school  moneys  received  by  him,  and  credited  with 
each  payment,  specifying  the  date,  the  person  to  whom  and  the  ac- 
count on  which  it  was  made.  It  is  convenient  and  will  conduce  to 
accuracy  to  number  each  credit  consecutively,  and  to  affix  the  same 
number  to  the  order  to  be  produced  in  proof  of  payment,  and  in  sup- 
port of  such  payment.  This  account  should  be  kept  in  a  book  well 
bound,  and  a  transcript  of  such  account  should  be  made,  and  with  the 
proper  vouchers,  presented  to  the  annual  meeting.  This  transcript 
should  be  examined  by  a  committee  appointed  by  the  meeting,  and 
should  be  endorsed  by  said  committee  as  having  been  examined  and 
found  correct,  if  the  committee  find  it  regular  in  all  respects.  When 
at  the  close  of  his  term  of  office  he  settles  with  the  district  board, 
as  required  by  law,  the  board  should  enter,  upon  the  original  account 
in  the  blank-book,  its  certificate  that  it  has  examined  such  account 
up  to  and  including  the  last  preceding  entry  (giving  its  date),  and 
the  vouchers  therefor,  and  that  it  finds  the  same  correct. 

It  is  deemed  proper  to  refer  here  to  the  present  law  in  regard  to 
embezzlement.  Refusal  of  an  officer  or  other  person,  made  the  custo- 
dian of  money,  to  pay  over  the  same  on  lawful  demand,  is  declared 


48  SCHOOL  LAWS  OF  WISCONSIN. 

to  be  embezzlement,  and  is  punishable  by  imprisonment  or  fine.  And 
if  any  person  so  demanding  money  and  refused  the  same  neglects  to 
make  complaint  against  such  officer,  he  is  also  punishable  by  imprison- 
ment, or  fine.  Sections  4418-4421  of  the  Wisconsin  statutes  relate  to 
this  matter,  it  will  be  seen  by  section  963,  that  whenever  any  judg- 
ment has  been  rendered  against  the  treasurer  for  any  breach  of  the 
conditions  of  his  bond  the  governor  may  declare  the  office  vacant.  The 
vacancy  will  be  filled  as  other  vacancies  in  the  district  board  are 
filled. 

It  is  also  deemed  proper  to  refer  here  to  the  provisions  of  law  re- 
lating to  proceedings  to  compel  the  delivery  of  books  and  papers  of 
public  officers  to  their  successors,  contained  in  chapter  XLIIL,  Wiscon- 
sin statutes,  and  embracing  sections  977-983  inclusive.  Severe  pen- 
alties and  summary  proceedings  are  therein  provided  for  failure  to 
thus  deliver  books  and  papers  to  successors. 

Prosecution  of  town  treasurer.  SECTION  445.  The  treasurer 
shall  prosecute  the  town  treasurer  of  the  town  in  Avhieh  'the  dis- 
trict or  any  part  thereof  is  situated  for  the  recovery  of  any 
money  belonging  to  the  district  which  the  town  treasurer  re- 
fuses or  neglects  for  the  space  of  ten  days  from  Jlie  time  fixed 
by  law  therefor  to  pay  over  to  him. 

The  treasurer  should  bring  the  action  before  a  justice  of  the  peace, 
if  the  amount  withheld  does  not  exceed  $200;  otherwise,  in  the  circuit 
court. 


CLERK. 

His  duties.      SECTIOX  44G.     It  shall  be  the  duty  of  the  clerk : 

1.  To  report  the  -name  and  postoffice  address  of  each  officer 
of  his  district  'to  the  town  clerk  and  to  the  town  treasurer,  or  if 
a  joint  district  to  the  clerk  and  treasurer  of  each  town  in  which 
his  district,  is  situated,  within  ten  days  after  the  election  or  ap- 
pointment of  such  officer. 

2.  To  act  as  clerk  and  record  the  proceedings  of  the  district 
meetings. 

3.  To  enter  in  the  record  book  provided  by  the  board  the 
minutes  of  its  meetings,  orders,  resolutions  and  other  proceed- 
ings. 

4.  To  enter  in  said  record  book  copies  of  all  his  reports  to 
the  town  clerk  and  tb?  certificate  of  the  proceedings  of  a  meet- 
ing returned  by  a  temporary  clerk  as  provided  in  section  430. 

5.  To  draw  orders  on  the  treasurer  for  money  apportioned 
to  or  raised  by  the  district  to  pay,  according    to   the    contract 
made  by  the  board,  the  wages  of  any  qualified  teacher  for  teach- 
ing the  district  school,  and  to  make  any  other  payment  voted 
at  a  meeting  pursuant  to  section  430.     (See  Form  'No.  24.) 


SCHOOL  OFFICERS— SPECIAL  DUTIES.  49 

6.  To  make  a  record  in  some  suitable  book    of   all    orders 
drawn  on  tto  treasurer. 

7.  To  furnish  at  the  expense  of  the  district  for  the  use  of 
each  teacher  a  school  register  in  the  form  prescribed  by  the 
state  superintendent,  to  procure  the  same    to    be   returned    to 
him  a't  the  expiration  of  tbo  teacher's  employment  and  to  pre- 
serve the  same  with  the  records  and  papers  of  the  district. 

8.  To  notify  any  person  of  his  election  or  appointment  to 
a   district  office  within   five   days   thereafter,   to  furnish   any 
teacher  a  copy  of  the  contract  made  with  him  by  the  board  and 
to  perform  any  other  duties  imposed  upon  him  by  law. 

The  importance  of  full  and  accurate  records  cannot  be  too  strongly 
emphasized.  The  record  book  of  the  district  should  contain  a  full 
history  of  fts  school  affairs.  Dates,  names,  resolutions,  votes,  etc., 
should  be  given  with  such  exactness  that  no  trouble  can  arise  which 
a  reference  to  its  pages  will  not  help  to  settle.  Financial  statements 
and  reports  should  be  spread  out  on  the  record  book.  Documents 
that  are  merely  filed  are  soon  lost. 

The  clerk  cannot  properly  refuse  to  record  the  proceedings  of  a 
meeting  that  he  was  opposed  to  calling.  And  although  he  may  tnink 
the  proceedings  illegal,  it  is  his  duty,  nevertheless,  faithfully  to  re- 
cord them.  If  illegal,  they  may  be  set  aside  by  competent  authority, 
on  appeal;  and  the  record  of  the  clerk  is  of  importance  in  deciding 
the  question. 

As  the  board  has  no  authority  to  contract  with  a  teacher  who  does 
not  hold  a  legal  certificate  of  qualification,  so  also  any  use  of  public 
funds,  from  whatever  source  received,  for  the  payment  of  teachers 
not  legally  qualified,  is  a  palpable  violation  of  law.  It  is  the  duty 
of  the«  clerk  to  see  and  know  that  the  person  employed  is  legally  quali- 
fied and  entitled  to  teach,  before  any  order  for  payment  is  drawn.  It 
is  no  less  the  duty  of  the  director  to  refuse  to  countersign,  and  of 
the  treasurer  to  refuse  to  pay,  orders  drawn  in  violation  of  law;  and 
these  officers  are  bound  to  know  that  orders  are  legal  before  they  recog- 
nize them  as  valid. 

Orders  in  favor  of  teachers.  SECTION  446&.  ~No  order  shall 
be  drawn,  countersigned  or  paid  which  is  in  favor  of  any  per- 
son who  has  taught  school  in  said  di&trict  when  not  holding  a 
certificate  of  qualification  therefor  as  provided  by  law,  nor  for 
tl'-e  payment  of  which  the  money  has  not  been  appropriated 
according  to  law,  and  no  order  shall  be  drawn  for  any  money 
received  from  the  school  fund  income  for  any  other  purpose 
than  payment  of  teacher's  wages. 


50  SCHOOL  LAWS   OF   WISCONSIN. 


WHAT  SHALL  BE  TAUGHT. 

Studies — Kindergartens.  SECTION  447.  Orthography,  ortho- 
epy, reading,  writing,  grammar,  geography,  arithmetic,  history 
of  the  United  States,  the  constitution  of  the  United  States  and 
th«e  constitution  of  this  state  shall  be  'taught  in  every  district 
school,  and  such  other  branches  as  the  board  may  determine. 
All  instruction  shall  be  in  the  English  language,  except  that  the 
district  board  or  the  board  of  education  may,  in  their  discre- 
tion, cause  any  foreign  language  to  be  taught  by  a  competent 
teacher  to  such  pupils  as  desire  it,  not  to  exceed  one  hour 
each  day.  District  boards,  town  boards  of  school  directors  and 
boards  of  education  mav  provide  for  kindergartens,  for  instruc- 
tion and  training  of  primary  grades  in  separate  departments 
or  otherwise. 

The  topics  recited  in  this  section  constitute  the  foundation  of  an 
education.  The  legislature  evidently  regarded  them  as  of  prime  im- 
portance, and  provided  that  they  must  be  taught. 

Whenever,  by  the  introduction  of  other  branches  into  the  public 
schools  these  are  excluded,  or  are  taught  less  efficiently,  the  plain  pro- 
vision of  the  section  is  violated.  Every  school  should  be  so  conducted 
as  to  secure  daily  instruction  in  reading,  writing  and  spelling,  and 
written  exercises  should  be  required  of  persons  of  suitable  advance- 
ment in  every  branch  taught  in  the  schools. 

The  law  contemplates  instruction,  discipline  and  government  of  such 
character  as  to  prepare  the  young  to  discharge  their  duties  as  citizens 
of  a  country  in  which  the  English  language  is  used  by  the  courts, 
the  legislature  and  the  people.  To  carry  out  this  provision  of  the  law, 
section  449  provides:  "No  person  shall  receive  any  certificate  who  does 
not  write  and  speak  the  English  language  with  facility  and  correct- 
ness." 

Acquaintance  with  another  language  may  aid  in  the  instruction  of 
children  of  foreign  birth,  or  parentage,  and  this  section  allows  one 
hour  a  day  to  be  given  to  instruction  in  a  foreign  language,  but  the 
purpose  of  the  provision  is  to  limit,  not  to  encourage  the  study  of  a 
foreign  language  in  a  common  public  school. 

The  parent  has  the  right  to  make  a  reasonable  selection  from  the 
prescribed  studies  for  his  child  to  pursue;  and  a  teacher  is  not  au- 
thorized to  inflict  corporal  punishment  for  the  purpose  of  compelling 
the  child  to  pursue  the  study  forbidden  by  the  parent:  Morrow  v. 
Wood,  35  Wls.,  59. 

Physiology  and  hygiene.  SECTION"  447<z.  Provision  shall  be 
made  by  the  proper  local  school  authorities  for  instructing  all 
pupils  in  all  schools  supported  by  public  money  or  under  state 
control,  in  physiology  and  hygiene  witb  special  reference  to 
the  effects  of  stimulants  and  narcotics  upon  the  human  system. 
The  text-books  used  in  giving  such  instruction  shall  have  the 


PHYSIOLOGY  ,AND    HYGIENE.  5^ 

joint  approval  of  the  state  superintendent  and  the  state  board  of 
health. 

This  section  contemplates  instruction  in  physiology  and  hygiene,  for 
all  pupils  sufficiently  advanced  in  age  and  scholarship,  with  special 
reference  to  the  effects  of  stimulants  and  narcotics  upon  the  human 
system.  Under  the  guidance  of  an  approved  book,  oral  instruction  in 
this  topic  may  be  given  to  pupils  that  are  too  immature  to  be  bene- 
fited by  the  use  of  a  text-book. 

The  effectiveness  of  the  work  in  this  branch,  so  far  as  its  oral  presen- 
tation is  concerned,  will  depend  on  the  simplicity  of  the  instruction, 
and  the  good  judgment  of  the  teacher  in  avoiding  abstruse  and  offen- 
sive statements.  In  all  instruction  given  under  this  law  the  subject 
of  anatomy  should  be  considered  as  taking  a  secondary  place. 


52  SCHOOL  LAWS  OF  WISCONSIN. 


TIL-CERTIFICATES  AND  EXAMINATIONS. 


TEACHERS. 

Certificates.  ,  SECTION  448.  If  any  person  desires  to  teach  in 
any  of  the  common  schools  he  shall  procure  a  certificate  from 
the  proper  examining  officer,  and  no  certificate  shall  have  force 
except  in  the  district  of  the  officer  by  whom  issued. 

Grades  of;  who  not  to  have.  SECTION  449.  There  shall  be 
three  grades  of  teacher's  certificates,  to  be  known  as  first,  second 
and  third.  Each  certificate  shall  show  the  branches  in  which 
the  holder  has  been  examined  and  his  relative  attainments  in 
each  branch.  ~No  person  known  to  the  examining  officer  to  be 
of  immoral  character,  deficient  in  learning  or  ability  to  'beach 
or  unable  to  write  and  speak  the  English  language  with  facility 
and  correctness  shall  receive  a  certificate. 


CERTIFICATION  OF  TEACHERS. 

(Chapter  439,  Laws  of  1901,  amending  sections  450,  451,  452 
and  452^  statutes  of  1898,  and  adding  sections  450&,  450fr,  and 
450c,,  relating  to  certification  of  teachers ;  providing  special  state 
aid  for  graded  schools  and  authorizing  the  appointment  of  two 
state  school  inspectors.) 

Additional  branches  required  for  county  certificates ;  duration  of 
first  and  second  grade  certificates  extended.  SECTION  450. 
Every  applicant  for  a  certificate  shall  be  examined  in  the  sub- 
jeote  hereinafter  mentioned,  for  the  several  grades  respectively 
as  follows:  Eor  the  third  grade,  in  orthoepy,  orthography, 
reading,  penmanship,  arithmetic,  English  grammar,  geography, 
the  history  of  the  United  States,  tbe  constitution  of  'the  United 
States,  the  constitution  of  the  state  of  Wisconsin,  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  stimulants 
a.ncl  narcotics  upon  the  human  system,  the  'theory  and  art  of 


CERTIFICATES   AND   EXAMINATIONS.  53 

teaching,  and  after  January  1st,  1902,  in  the  "Manual  of  the 
Elementary  Course  of  Study  for  the  Common  Schools  of  Wis- 
consin," and  in  the  elements  of  agriculture;  for  the  second 
grade  in  all  the  foregoing  and  also  in  algebra,  physical  geog- 
raphy, and  after  July  1st,  1902,  in  American  literature  and 
English  composition;  for  the  first  grade  in  all  the  foregoing  and 
also  in  physics  and  plane  geometry,  and  after  July  1st,  1902, 
in  English  literature  and  English  history.  If  found  qualified, 
said  applicant  shall  receive  the  certificate  appropriate  to  his 
grade.  A  third  grade  certificate  shall  entitle  the  holder  to 
teach  for  such  period  not  more  than  one  year  as  may  be  specified 
therein,  in  any  town  in  the  superintendent  district  in  which  he  is 
examined,  except  that  it  may  be  limited  by  the  county  super- 
intendent to  one  'town  or  school  district  therein.  A  second 
grade  certificate  shall  entitle  the  bolder  to  teach  in  any  town 
in  such  superintendent  district  and  be  in  force  three  years  from 
its  date.  A  first  grade  certificate  shall  entitle  the  holder  to 
teach  in  any  town  in  such  superintendent  district  and  be  in 
force  five  years  from  its  date;  provided,  that  no  such  certificate 
shall  be  issued  to  any  person  who  has  not  taught  successfully 
for  one  school  year  in  the  public  schools  of  Wisconsin.  When- 
ever a  person  has  taught  successfully  for  one  year  on  such  a 
limited  first  grade  certificate,  the  county  superintendent  shall, 
upon  the  presentation  of  satisfactory  evidence  of  such  success- 
ful teaching,  issue  to  the  holder  of  the  limited  certificate  a  first 
grade  certificate  good  for  five  years  from  the  date  of  issue  of 
the  limited  certificate. 

Transfer  and  renewal  of  certificates  unlawful.  SECTION  450a. 
It  shall  not  be  lawful  for  any  county  superintendent  to  endorse 
a  certificate  issued  by  any  other  county  superintendent,  nor  to 
extend  the  life  of  any  certificate  beyond  the  limits  fixed  by 
law.  The  papers  written  in  any  examination  shall  not  be  used 
as  the  basis  for  issuing  a  second  certificate,  which  shall  have 
the  effect  of  extending  the  life  of  the  certificate  first  issued 
thereon.  But  in  any  examination  for  a  second  certificate,  when 
the  applicant  has  taught  successfully  in  the  superintendent  dis- 
trict for  one  school  year  on  a  certificate  previously  issiied  by 
him,  tbe  superintendent  may,  in  his  discretion,  accept  standings 
on  papers  written  by  the  applicant  in  the  preceding  examina- 
tion not  to  exceed  five  in  number,  in  lieu  of  a 're-examination 
in  the  subjects  for  which  standings  are  so  accepted. 


54  SCHOOL  LAWS  OF  WISCONSIN. 

Preservation  of  examination  papers.  SECTION  4506.  It  shall 
be  the  duty  of  every  county  superintendent  to  preserve  on  file 
in  his  office  during  the  life  of  every  certificate  issued  by  bim  or 
his  predecessors,  the  examination  papers,  both  questions  and 
the  answers  thereto,  examined  by  him  or  his  predecessors,  and 
upon  which  the  certificate  was  issued;  provided,  tbat  this  sec- 
tion shall  not  prevent  the  transfer  of  papers  to  the  state  super- 
intendent, as  provided  in  section  six  of  this  act. 

Issue  rf  certificate  on  transfer  of  papers.  SECTION  450c.  If 
any  person  holding  a  certificate  desires  to  teach  in  any  county 
or  superintendent  district  other  than  the  one  for  wbich  his  cer- 
tificate was  issued,  the  county  superintendent  of  that  county 
or  district  may  request  the  county  superintendent  who  issued 
the  certificate  to  transfer  to  him  the  papers  in  his  possession  up- 
on which  the  certificate  was  issued,  whereupon  it  shall  be  the 
duty  of  the  county  superintendent  so  requested,  to  transfer  the 
papers,  if  any.  If  these  papers  and  standings  are  found  satis- 
factory by  the  county  superintendent  to  whom  they  were  trans- 
ferred, he  may  issue  a  certificate  upon  them  of  the  same  grade 
as  the  original  certificate  and  coterminous  with  it,  or  one  of  a 
lower  grade  to  be  in  force  a  shorter  time,  and  he  shall  pre- 
serve the  papers  on  file  in  his  office.  If  the  papers  are  found 
unsatisfactory,  and  the  certificate  is  denied,  he  shall  return  the 
papers  to  the  county  superintendent  from  whom  he  received 
them. 

See  also  chapter  104,  laws  of  1899,  which  will  be  found  at  the  close 
of  this  chapter. 

Standard  of  attainment  in  branches  required  for  certificates. 
SECTION  451.  Each  county  superintendent  shall  establish  for 
his  county,  subject  to  the  approval  of  the  state  superintendent, 
the  standard  of  attainment  in  each  branch  of  study  which 
must  be.  reached  by  each  applicant  before  receiving  a  cer- 
tificate. The  standard  so  established  shall  be  uniform  in 
the  county  or  superintendent  district  and  no  certificates 
shall  be  issued  until  the  standard  is  established.  The 
standard  *  in  the  branches  of  study  common  to  the  third 
grade  and  the  second  grade  certificates  shall  be  higher 
for  the  second  than  .for  the  third  grade  certificate,  and  the 
standard  in  the  branches  common  to  the  second  grade  and  the 
first  grade  branches  shall  be  higher  for  the  first  grade  than  for 
the  second  grade  certificate.  The  county  superintendent  may 


CERTIFICATES   AND   EXAMINATIONS.  rg 

demand  an  examination  in  such  additional  branches  as  the  ap- 
plicant may  be  required  to  teach,  and  whenever  he  sball  deem 
it  necessary  he  may  require  a  re-examination  of  any  teacher 
in  his  county  or  superintendent  district  for  the  purpose  of  ascer- 
taining his  qualifications  to  continue  as  such  teacher. 

Comments  relating  to  the  standard  of  attainment  will  be  found  un- 
der section  461.  This  provision  enables  the  superintendent  to  act  upon 
the  facts  within  tis  own  knowledge  in  the  accomplishment  of  the 
end  contemplated  in  section  453.  The  re-examination  authorizes  him 
to  pass  judgment  upon  the  teacher  with  reference  to  his  learning, 
ability  to  teach,  and  moral  character.  If  found  deficient  in  any  of 
these  particulars  to  such  a  degree  that  his  continuance  as  a  teacher 
would  be  prejudicial  to  the  interests  of  education,'  the  certificate  should 
not  be  granted.  The  superintendent  may  base  his  judgment  as  to  the 
teacher  s  ability  upon  the  results  of  the  observations  made  by  him 
during  school  visitation.  Care  should  be  exercised  that  the  observed 
conditions  are  of  a  permanent  character  and  evidence  the  real  condi- 
tion of  the  school,  as  the  authority  to  demand  a  re-examination  of  a 
teacher  can  lawfully  be  exercised  only  when  there  is  good  and  sufficient 
cause  for  it. 

At  least  five  days'  notice  should  be  given  to  the  board  and  the  teacher 
of  the  time  and  place  when  and  where  the  examination  will  be  held. 
When  the  exigencies  of  the  case  demand  the  immediate  removal  of 
the  teacher,  it  is  advisable  to  confer  with  the  board  with  a  view  to 
secure  his  dismissal  on  the  grounds  of  failure  to  perform  his  con- 
tract. Upon  the  board's  failure  to  act,  it  will  be  proper  for  the  su- 
perintendent, in  the  discharge  of  his  duty,  to  exercise  the  authority 
with  which  the  statute  clothes  him,  that  is,  he  may  annul  the  teacher's 
certificate,  whereupon  the  contract  will  expire  by  force  of  law.  See 
section  438. 

If  the  case  arises  near  the  close  of  the  teacher's  term,  it  may  be  the 
better  course  to  require  the  teacher  to  appear  at  the  next  public  ex- 
amination; the  facts  and  circumstances  of  each  case  should  control 
the  action  of  the  superintendent. 

Appeal  to  state  superintendent  from  markings  by  county  super- 
intendent. SECTION  452.  Any  applicant  refused  a  certificate 
as  teacher  by  the  county  superintendent,  may  apply  to  the  state 
superintendent  for  a  re-examination  The  superintendent 
upon  demand,  shall  give  any  applicant  refused  a  certificate  a 
written  statement  of  the  reasons  of  such  refusal,  which  shall  be 
presented  to  the  state  superintendent  by  the  person  desiring  re- 
examination.  If  upon  such  re-examination  the  state  superin- 
tendent shall  be  satisfied  that  such  applicant  is  legally  qualified, 
he  shall  issue  a  certificate  of  the  proper  grade,  which  shall  en- 
title him  to  the  same  privileges  as  if  it  had  been  issued  by  the 
county  superintendent,  In  'the  exercise  of  his  powers  of  gen- 
eral supervision  of  the  schools,  the  state  superintendent  is  here- 
by authorized  to  call  for  the  examination  papers,  both  questions 


£(}  SCHOOL  LAWS  OF  WISCONSIN. 

and  answers,  of  any  person  to  whom  a  certificate  has  been  grant- 
ed, and  it  is  made  the  duty  of  all  county  superintendents  to 
furnish  such  papers  when  so  called  for.  If,  upon  examination 
of  the  papers,  the  state  superintendent  is  satisfied  'that  the  per- 
son to  whom  the  certificate  has  been  granted  is  not  qualified, 
he  may  annul  the  certificate. 

An  appeal  from  the  action  of  a  county  superintendent  in  refusing 
to  grant  a  certificate  must  be  conducted  according  to  the  rules  and 
regulations  of  the  department  governing  appeals.  As  the  county  su- 
perintendent fixes  the  standard  of  attainment  under  the  advice  of  the 
state  superintendent,  no  appeal  need  be  taken  under  the  impression 
that  the  standard  will  be  lowered. 

If  the  refusal  is  for  want  of  literary  qualifications,  a  re-examination 
will  probably  be  necessary.  If  for  other  reasons,  the  decision  will  be 
rendered  according  to  the  evidence  submitted.  The  forms  and  rules 
to  toe  observed  by  a  teacher  in  taking  an  appeal  will  be  found  under 
section  497. 

Countersignature  of  high  school  diploma  by  county  superintend- 
ent. SECTION  45 2&.  The  free  high  school  board  shall  make 
out  and  deliver  to  each  graduate  oi  the  high  school  at  the  time 
of  graduation,  a  certificate  of  his  standing  in  the  branches  pur- 
sued by  him  in  such  school;  and  if  such  graduate  of  a  high 
school,  having  a  four  years'  course  receive  a  first  grade  certili- 
,acate  from  any  county  superintendent,  and  furnish  to  him  or  to 
any  other  county  superintendent,  a  certificate  from  the  free 
high  school  board  that  includes  a  satisfactory  standing  in  theory 
and  art  of  teaching,  based  on  a  study  of  this  subject  in  a  free 
high  school  for  at  least  twelve  weeks,  and  furnish  also  satisfac- 
tory proof  of  having  taught  successfully  at  least  one  school 
year,  under  such  first  grade  certificate,  such  county  superin- 
tendent may  countersign  his  certificate  of  graduation  or  diplo- 
ma at  any  time  before  'the  expiration  of  the  first  grade  certifi- 
cate, and  affix  the  date  of  such  signature  thereto.  The  diploma 
BO  countersigned  shall  have  for  the  period  of  five  years  there- 
after, the  force  and  effect  of  a  first  grade  certificate.  It  shall 
be  lawful  for  more  'than  one  county  superintendent  to  counter- 
sign the  diploma,  but  no  countersigiiature  shall  have  the  effect 
of  extending  the  diploma  as  a  first  grade  certificate  beyond  the 
expiration  of  the  five  years  immediately  following  the  date  of 
its  first  Countersignature. 

Eight  months'  teaching  may  under  this  section  be  considered  as 
one  year  of  teaching.  The  proof  of  satisfactory  work  should  be  ob- 
tained from  the  officers  of  the  district  in  which  the  teaching  has  been 
done.  If  the  applicant  has  taught  in  more  than  one  district,  testimo- 


STUDIES— COUNTE&SIGNATURE  OP  DIPLOMAS.         5? 

nials  signed  by  the  officers  of  each  board  should  be  furnished.  The 
teaching  required  must  be  done  in  a  public  school.  The  high  school 
officers  should  make  it  a  part  of  their  duty  as  a  board  to  issue  the 
certificates  of  standings  to  the  graduates  of  their  school. 

Required  studies  in  high  schools  for  countersignature  of  diploma. 
Section  49  6 a.  The  state  superintendent  shall  prepare  a  course  or 
courses  of  study  suitable  to  be  pursued  in  free  high  schools,  pub- 
lish the  same  and  furnish  the  same  upon  application.  He  shall 
exercise  such  personal  supervision  and  make  such  personal  in- 
spection of  the  work  of  all  such  schools  as  they  seem  to  require 
and  'the  other  duties  of  his  office  may  warrant;  he  shall  examine 
or  cause  to  be  examined  all  teachers  of  high  schools,  required 
by  law  to  pass  special  examinations  to  qualify  them  for  teaching 
in  high  schools,  and  grant  certificates  to  such  as  pass  examina- 
tions satisfactorily,  which  certificates  shall  be  in  such  form  and 
for  such  time  as  he  may  prescribe,  and  shall  authorize  the 
holder  to  teach  in  such  special  place  or  places,  or  in  the  whole 
state,  as  the  qualifications  of  the  candidate  may  warrant.  Each 
free  high  school  shall  offer  at  least  a  twelve  weeks7  course  of  in- 
struction each  year  in  the  'theory  and  art  of  teaching;  in  the 
organization,  management,  and  course  of  study  of  ungraded 
schools;  and  in  the  duties  of  citizens  in  the  organization  and  ad- 
ministration of  local  school  systems.  Such  a  course  of  instruc- 
tion shall  be  open  to  all  students  in  this  school  and  a  satisfac- 
tory standing  in  the  work  of  this  course  shall  be  a  condition 
precedent  to  the  counter-signature  of  a  diploma  held  by  a  grad- 
uate of  the  school  as  provided  in  section  7  of  this  act.  Said  su- 
perintendent shall  furnish  suitable  blanks  for  annual  and  spe- 
cial reports  for  all  such  schools,  which  shall  require  returns  as 
to  the  number,  age  and  sex  of  all  pupils  enrolled  the  number 
in  each  class  or  year  in  the  course  of  study,  the  number  pursu- 
ing English  branches  only,  the  number  completing  the  course 
of  study  each  year  and  such  other  statistics  as  may  be  deemed 
necessary. 

This  section  relates  more  especially  to  the  free  high  schools  and 
will  also  be  found  printed  in  that  part  of  this  volume  relating  to 
such  schools.  It  is  printed  here  in  order  to  preserve  chapter  439 
entire. 

Districts  which  may  receive  state  aid  for  graded  schools.  SEC- 
TION 9.  The  school  board  of  any  school  district  containing 
within  its  limits  a  graded  school  but  no  free  high  school,  nor  a 


58  SCHOOL  LAWS   OF  WISCONSIN. 

high  school  of  a  grade  equivalent  to  a  free  high  school,  may  re- 
ceive special  state  aid  as  hereinafater  provided,  upon  full  com- 
pliance with  the  following  conditions: 

Classes.  1.  There  shall  be  two  classes  of  state  graded  schools 
in  Wisconsin,  known  respectively  as  first  class,  and  second 
class;  all  state  graded  schools  o±  thre*e  or  more  departments 
shall  be  in  the  hrst  class,  and  all  state  graded  schools  of  two  de- 
partments sball  be  in  the  second  class. 

Length  of  school  year;  average  daily  attendance.  2.  Schools 
shall  be  maintained  in  the  district  receiving  such  aid,  at  least 
nine  school  months,  including  legal  holidays,  in  each  and  every 
department.  Each  department  shall  have  an  average  daily  at- 
tendance of  not  less  than  fifteen  pupils  for  'the  entire  scbool 
year,  to  entitle  the  school  to  state  aid. 

Qualifications  of  teachers.  3.  All  persons  employed  in  both 
classes  of  graded  schools  applying  for  state  aid  shall  be  com- 
petent teachers  and  shall  hold  the  following  grade  of  certifi- 
cates: The  principal  of  a  state  graded  scbool  of  the  first  class 
shall  hold  some  form  of  a  state  certificate.  In  each  school  of 
this  class  one  assistant  shall  bold  a  third  grade  certificate,  or  a 
certificate  of  a  higher  grade,  provided  such  assistant,  if  holding 
a  third  grade  certificate,  shall  also  have  had  one  years  success- 
ful experience  as  a  -teacher  in  tbe  public  schools  of  Wisconsin; 
one  assistant  shall  hold  a  second  grade  certificate,  or  a  certifi- 
cate of  a  higher  grade,  and  all  other  assistants  shall  hold  first 
grade  certificates  or  certificates  of  a  higher  grade.  Tbe  prin- 
cipal of  a  state  graded  school  of  the  second  class  shall  hold  a 
first  grade  county  certificate,  or  some  form  of  a  state  certificate, 
and  the  assistant  shall  hold  a  third  grade  certificate  or  a  certifi- 
cate of  a  higher  grade,  provided  such  assistant,  if  holding  a 
•third  grade  certificate,  shall  also  have  had  one  year's  successful 
experience  as  a  teacher  in  the  public  schools  of  Wisconsin. 
The  word  "principal"  is  hereby  interpreted  as  meaning  the 
teacber  of  the  highest  grade  or  grades  in  the  school  who  shall 
have  immediate  supervision  of  all  the  grades;  the  word  "assist- 
ant" is  hereby  interpreted  as  meaning  each  and  every  teacher 
in  a  state  graded  school  other  than  the  principal. 

Condition  of  buildings  and  grounds.  4.  The  school-house  or 
school-houses,  the  outhouses  and  the  grounds,  the  furniture 


AID  TO  GRADED  SCHOOLS. 


and  equipment,  shall  be  maintained  in  good  condition  and  kept 
free  from  any  unsanitary  feature. 

Equipment  required.  5.  Sufficient  equipment,  including 
globes,  maps,  blackboards,  library,  and  other  essentials  for  the 
proper  work  of  the  school  shall  be  provided  by  the  school  dis- 
trict. 

Application  for  aid;  must  be  inspected,  6.  When  the  school 
board  of  any  school  district  desires  to  secure  state  aid  for  its 
graded  schools,  said  scbool  board  shall  make  written  application 
for  the  same  to  the  state  superintendent.  ~No  graded  school 
shall  be  entitled  to  be  placed  upon  the  list  of  state  graded 
schools  and  to  receive  special  state  aid  until  said  school  shall 
have  been  duly  inspected  by  the  state  superintendent,  or  some 
member  of  hia  staff,  and  found  to  be  fully  complying  with  all 
the  conditions  of  this  act. 

Application  before  September  1,  7.  In  order  that  any  graded 
school  may  receive  special  state  aid  as  herein  provided,  appli- 
cation shall  be  made  to  the  state  superintendent  by  the  school 
board  before  the  first  day  of  September  preceding  the  school 
year  for  which  said  special  state  aid  is  requested. 

Amount  of  aid  for  two  classes  of  graded  schools  ;  apportionment. 
SECTION  10.  Any  school  district  which  shall  have  maintained 
a  graded  school  of  the  first  class  in  accordance  with  the  pro- 
visions of  this  act  shall  be  entitled  to  receive  from  the  general 
fund  of  the  state,  annually,  the  sum  of  three  hundred  dollars. 
Any  scbool  district  which  shall  have  maintained  a  graded  school 
of  the  second  class  ir  acc^'dance  wri'th  the  provisions  of  this 
act  shall  be  entitled  to  receive  from  the  general  fund  of  the 
state,  annually,  the  sum  of  one  hundred  dollars.  To  obtain 
such  state  aid  the  school  board  shall  011  or  before  the  first  day 
of  August  of  each  year,  succeeding  "the  school  year  in  which 
application  is  made,  report  to  the  state  superintendent,  under 
their  oaths,  that  such  state  graded  school  has  complied  with  all 
the  provisions  of  this  act.  Thereupon,  the  said  state  super- 
intendent shall  fix  the  amount  to  be  paid  such  district,  and  cer- 
tify the  same  to  the  secretary  of  state;  the  secretary  of  state 
shall  then  draw  his  warrants  upon  the  state  treasurer  for  the 
several  claims  of  the  scbool  districts;  the  secretary  of  state  shall 
annually  include  and  apportion  in  the  state  tax  such  sum  as 


6o  SCHOOL  LAWS  OF  WISCONSIN. 

shall  have  been  certified  by  the  state  superintendent  under  the 
provisions  of  this  act;  upon  receipt  of  the  annual  state  taxes 
said  state  treasurer  shall  pay  to  the  school  district  treasurers, 
the  several  amounts  called  for  by  such  warrants.  The  state 
superintendent  is  hereby  empowered  to  refuse  state  aid  to  any 
school  district  which  in  his  judgment  has  failed  to  comply  with 
the  provisions  of  this  act.  The  whole  amount  annually  paid 
under  the  provisions  of  this  act  sball  not  exceed  sixty  thousand 
dollars,  and  if  more  be  demanded  by  the  state  graded  schools, 
it  shall  be  paid  proportionally.  Any  unexpended  balance  shall 
revert  to  the  general  fund. 

Inspectors,  SECTION  11.  The  state  superintendent  is  here- 
by authorized  to  appoint  two  persons,  of  suitable  qualifications 
to  assist  him  in  inspecting  and  supervising  the  state  graded 
and  free  high  schools,  and  to  aid  him  in  giving,  information  and 
needed  assistance  to  localities  in  organizing  such  schools.  Such 
persons  shall  be  known  as  state  school  inspectors,  and  shall  each 
receive  an  annual  salary  of  sixteeen  hundred  dollars,  and  re- 
imbursement for  all  actual  and-  necessary  traveling  expenses 
incurred,  when  duly  certified  to  by  the  state  superintendent; 
said  salary  and  expenses  to  be  paid  monthly  from  the  general 
fund,  and  to  be  deducted  from  the  annual  appropriation  pro- 
vided for  in  this  act,  before  the  apportionment  is  made  to  the 
state  graded  schools.  Said  state  school  inspectors,  when  not  en- 
gaged in  the  specific  duties  enumerated  herein,  may  be  assigned 
for  such  other  duties  as  the  state  superintendent  may  determine 
and  designate. 

Course  of  study;  reports.  SECTION  12.  The  state  superin- 
tendent shall  prepare  a  course  of  study  suitable  to  be  pursued  in 
graded  schools,  publish  the  same,  and  furnish  to  school  boards 
upon  application.  This  course  of  study  shall  be  followed  by  all 
state  graded  schools,  as  one  condition  of  securing  special  state 
aid.  Said  state  superintendent  shall  furnish  suitable  blanks 
for  annual  and  special  reports  for  all  such  state  graded  schools, 
which  reports  shall  call  for  such  information  as  he  may  deem 
necessary.  The  refusal  or  neglect  of  the  school  board  or  any 
of  its  officers  to  file  these  reports  with  the  state  superintendent 
when  called  for,  shall  be  deemed  sufficient  ground  for  refusing 
special  state  aid,  as  provided  for  in  this  act. 


STATE  AID  TO  GRADED  SCHOOLS.  61 

Number  limited;  incorporated  cities  excluded.  SECTION  13. 
!N~o  more  than  one  such  graded  school  in  any  village,  or  school 
district  or  sub-district,  shall  receive  state  aid  as  herein  provided, 
n^r  shall  any  graded  school  in  any  incorporated  city  partici- 
pate in  said  state  aid. 

Appropriation.  SECTION  14.  There  is  hereby  appropriated 
oat  of  any  moneys  in  the  general  fund  of  the  state  not  other- 
wise appropriated,  a  sufficient  sum  of  money  to  meet  the  pro- 
visions of  this  act. 

The  special  state  aid  referred  to  cannot  be  given  to  any  district 
having  a  graded  school  and  also  a  high  school,  nor  is  it  intended  that 
any  special  aid  shall  be  given  to  graded  schools  located  in  cities.  A 
district  having  a  school  of  but  one  department,  with  a  large  attendance 
may,  under  this  law,  find  it  decidedly  advantageous  to  organize  an 
additional  department,  properly  grade  the  school,  and  by  so  doing 
become  entitled  to  special  aid  from  the  state,  to  the  amount  of  $100 
or  $300  per  annum,  as  the  case  may  be.  Applications  for  place  upon 
the  graded  school  list  should  be  made  before  the  first  day  of  Septem- 
ber, 1901.  The  following  directions  and  suggestions  are  given  for  the 
consideration  of  school  boards  of  districts  interested  in  securing  special 
aid  under  this  chapter: 

1.  Write  to  the  state  superintendent  for  a  special  application  blank. 

2.  When  the  blank  is  received,  call  a  meeting  of  the  school  board 
in  accordance  with  law,  make  a  motion  to  apply  for  state  aid,  record 
this  motion  and   the  vote  upon  it  as  a  part  of  the  minutes  of  the 
meeting,   then   fill   out  the  application   which   must   be   signed   by  at 
least  a  majority  of  the  members  of  the  board,  and  return  it  to  the 
state  superintendent. 

If  it  is  proposed  to  organize  an  additional  department  to  your  school 
for  the  coming  year,  you  should  plan  to  recommend  the  levying  of  a 
tax  sufficient  to  meet  such  changes  as  may  be  necessary,  to  the  electors 
at  your  annual  school  district  meeting  to  be  held  the  first  Monday 
in  July.  Provision  must  also  be  made  for  nine  months  of  school  dur- 
ing the  year. 

The  application  for  the  state  aid,  properly  signed,  must  be  In  the 
hands  of  the  state  superintendent  before  September  1  of  any  year. 

In  the  employment  of  teachers,  the  board  must  see  that  for  a  two 
department  school,  the  principal  must  hold  a  first  grade  county  cer- 
tificate, or  some  form  of  a  state  certificate;  while  the  assistant  may 
hold  a  third  grade  county  certificate,  or  a  certificate  of  some  higher 
grade.  If  the  person  contracted  with  as  assistant  holds  a  third  grade 
county  certificate,  one  year's  (eight  months)  successful  experience  as 
a  teacher  in  the  public  schools  of  Wisconsin  is  also  required;  if  the 
certificate  be  of  a  higher  grade,  experience  is  not  an  essential. 

For  a  three  department  school,  the  principal  must,  in  order  to  be 
eligible,  hold  a  county  superintendent's  certificate,  or  some  other  state 
certificate  of  higher  grade.  One  assistant  holding  a  third  grade  cer- 
tificate, and  having  had  one  year's  successful  experience  as  a  teacher 
in  the  public  schools  of  the  state,  may  be  employed;  and  the  other 
assistant  may  hold  a  second  grade  county  certificate,  or  one  of  a  higher 
grade,  either  state  or  county;  all  other  assistants  must  hold  first  grade 
county  certificates,  or  some  form  of  a  state  certificate. 


^62  SCHOOL  LAWS  OF  WISCONSIN. 

No  effort  should  be  made  to  provide  for  an  additional  department 
to  the  school,  unless  there  is  a  certainty  that  all  the  departments  re- 
maining, as  well  as  the  new  department,  will  be  able  to  maintain 
an  average  daily  attendance  of  at  least  fifteen  pupils  in  each  through- 
out the  year.  It  is  also  necessary  that  the  different  departments  of 
the  school  should  be  provided  with  such  apparatus  as  may  be  neces- 
sary to  enable  the  teacher  to  intelligently  conduct  the  work.  As  a 
part  of  this  apparatus  the  following  articles  may  be  mentioned: 

One  globe  of  fair  size,  not  necessarily  an  expensive  one,  and  one 
or  two  smaller  globes;  at  least  one  set  of  wall  maps,  in  a  spring  roller 
case;  an  ample  amount  of  good  blackboard  surface  in  each  depart- 
.me'nt;  one  or  more  copies  of  Webster's  International  dictionary;  a 
library  of  reading  and  reference  books;  good  seats  and  desks  sufficient 
in  number  to  easily  accommodate  all  pupils  enrolled,  and  such  other 
essentials  as  are  generally  considered  necessary  for  the  comfort  and 
welfare  of  children  attending  school.  If,  after  a  careful  examination 
of  the  building  and  school  premises,  the  school  board  deems  it  neces- 
sary that  an  additional  sum  should  be  levied  at  the  annual  meeting 
for  the  purpose  of  making  the  necessary  repairs  or  additions,  and 
purchasing  the  necessary  apparatus,  the  matter  should  be  placed  be- 
fore the  electors  for  their  action.  Arrangements  should  also  be  made 
for  proper  janitor  service.  The  fences,  if  any,  and  outbuildings  should 
be  kept  in  good  condition  at  all  times.  Each  graded  school  will  be 
inspected  at  least  once  each  year  by  one  of  the  state  school  inspectors, 
working  under  the  direction  of  the  state  superintendent,  and  the  re- 
port of  these  inspectors  as  to  the  character  of  the  school,  the  condi- 
tion of  the  building,  the  grounds,  the  apparatus  and  furniture  will 
have  weight  in  determining  the  right  of  a  school  to  share  in  the  ap- 
portionment of  special  aid  to  these  schools. 

Final  normal  school  standings  may  be  accepted  by  county  super- 
intendents. SECTION  1.  (Chapter  104:,  laws  of  1899.)  Any 
school  superintendent  or  officer  authorized  to  grant  certificates 
to  teachers  in  the  common  schools,  is  hereby  authorized,  in  his 
discretion,  to  accept  standings  obtained  by  the  completion  of 
studies  in  any  normal  school  of  the  state,  when  duly  certified 
by  the  president  of  said  normal  school,  in  lieu  of  actual  exam- 
ination by  said  superintendent  or  examiner,  at  any  time  within 
three  years  after  such  standings  were  first  obtained  and  record- 
ed in  said  normal  school.  The  provisions  of  'this  section  shall 
apply  to  certificates  of  the  first,  second  or  third  grades. 

By  this  act  additional  discretionary  powers  are  given  to  county  su- 
perintendents in  certain  cases. 

Superintendents  in  cities  of  the  third  and  fourth  class.  SEC- 
TION 1.  (Chapter  316,  laws  of  1901.)  It  shall  be  the  duty  pf 
the  city  superintendent  of  schools  in  those  cities  of  the  third 
and  fourth  class  in  which  the  office  "of  city  superintendent  of 
schools  has  been  created  or  may  hereafter  "be  created  by  tte 


-   CERTIFICATES    AND   EXAMINATIONS.  (53 

common  council  thereof  under  the  provisions  of  section  925-- 
23  of  the  statutes  of  1898,  to  examine  and  license  teachers,  and 
under  the  direction  of  the  board  of  education  to  supervise  and 
manage  the  schools. 

Ciites  of  the  third  class  contain  a  population  of  ten  thousand  or 
over  and  less  than  forty  thousand,  and  cities  of  the  fourth  class  con- 
tain a  population  of  less  than  ten  thousand  as  determined  by  the  last 

national  or  state  census. 

> 

Certificates  for  teachers  of  special  branches  in  cities.  SECTION 
1.  (Chapter  148,  Laws  of  1899.)  Any  city  superintendent  of 
schools  may  issue  •  certificates  to  teachers  of  special  branches, 
qualifying  them  to  teach  such  branches  in  the  schools  under  his 
supervision,  after  such  examination  as  to  their  fitness  to  teach 
such  branches  as  may  be  provided  by  the  school  board  and  ap- 
proved By  the  state  superintendent. 

By  this  law,  the  powers  of  city  superintendents  of  schools  are  some- 
what enlarged. 

Charges  against  teachers.  SECTION  453.  If  any  charges  be 
made  in  writing  to  any  county  superintendent,  over  the  sig- 
nature of  a  complaint  against  any  teacher  in  the  superintend- 
ent's district,  affecting  his  moral  character,  learning  or  ability 
to  teach,  the  superintendent  shall  give  to  the  complainant,  the 
teacher  and  the  board  by  whom  he  is  employed  at  least  ten  days' 
notice  in  writing  containing  a  statement  of  the  charges  and  of 
the  time  and  place  when  and  where  he  will  hear  the  same.  He 
shall  proceed  according  to  the  notice  to  hear  the  proofs  on  either 
side  and  give  the  accused  a  reasonable  opportunity  to  defend 
himself;  he  may  administer  oaths,  and  if  he  find  the  charges 
sustained  and  sufficient,  annul  his  certificate;  but  the  teacher 
shall  not  be  disqualified  thereby  until  notice  containing  his 
name,  the  date  of  and  reasons  for  such  annulment  be  filed  in 
the  office  of  the  town  clerk  and  a  copy  thereof  delivered  to 
the  clerk  of  the  district  in  which  the  teacher  is  employed. 

Immoral  character,  deficiency  in  learning,  or  inability  to  teach,  is 
cause  for  the  annulment  of  a  teacher's  certificate.  The  superintend- 
ent should  listen  to  complaints  made  under  these  heads.  Upon  presen- 
tation of  specific  charges,  he  should  file  conies  of  the  complaint  with 
the  teacher  and  with  the  district  board,  and  name  a  suitable  time  and 
place  for  pursuing  the  inquiry  formally.  If  the  charges  be  sustained 
by  convincing  evidence  presented  by  the  complainant,  and  the  rebuttal 
made  by  the  teacher  fail  to  exculpate  him,  the  superintendent  may 
annul  the  teacher's  certificate.  In  case  of  a  charge  of  deficiency  in 
learning,  the  superintendent  may  re-examine  after  suitable  notice,  and 


64  SCHOOL  LAWS   OP  WISCONSIN. 

may  annul  the  certificate  for  cause;  and  in  case  of  charge  of  want 
of  ability  to  teach,  the  superintendent  should  inspect  the  school.  If 
he  find  the  charges  well  founded  he  may  advise  the  board  to  discharge 
the  teacher,  or  he  may  proceed  as  directed  in  the  comments  under 
section  451.  In  all  steps  taken  the  superintendent  is  a  judge,  the 
teacher  is  defendant,  and  the  complainant  should  sustain  his  charge 
by  convincing  proof.  Any  annulment  of  a  certificate  is  subject  to 
appeal  and  to  reversal  by  the  state  superintendent. 

State  certificates — High  school  principal's  certificates.  SEC- 
TION 454.  The  state  superintendent  shall,  before  the  fourth 
Wednesday  of  August  in  each  year,  appoint  three  competent 
persons,  residents  of  this  state,  who  shall  constitute  a  board  of 
examiners.  Said  board  shall  meet  at  the  capitol  once  or  more 
each  year,  at  such  times  and  also  at  such  other  places  as  the  state 
superintendent  shall  prescribe,  for  the  examination  of  all  appli- 
cants for  state  certificates;  provided,  the  state  superintendent 
is  hereby  authorized  to  examine  principals  of  high  schools  and 
of  free  high  schools  who  shall  have  been  elected  superintend- 
ents of  the  city  schools  containing  such  high  school,  and  to 
grant  certificates  to  successful  candidates,  valid  for  one  year  and 
in  a  single  locality.  The  state  superintendent  shall  prescribe 
the  manner  of  making  application,  of  conducting  and  managing 
such  examinations,  reporting'  the  results  thereof,  and,  with  the 
advice  of  the  examiners,  in  what  branches  of  study,  in  addition 
to  those  fixed  by  law,  the  applicant  for  an  unlimited  state  cer- 
tificate shall  be  examined. 

Any  one  who  contemplates  writing  under  the  state  board  of  exam- 
iners for  a  state  certificate,  either  the  county  superintendent's,  the 
limited  or  unlimited,  should  apply  to  the  state  superintendent  for  a 
copy  of  the  program  of  the  examinations  and  the  governing  rulers 
and  regulations. 

What  branches;  effect  of  certificate.  SECTION  455.  To  en- 
title an  applicant  to  a  limited  state  certificate  the  examiners 
shall  be  satisfied  and  report  to  the  state  superintendent  that  he 
possesses  the  requisite  scholarship  in  all  the  branches  of  study 
required  for  a  first  grade  county  certificate,  and  also  in  mental 
philosophy  and  English  literature.  To  entitle  him  to  an  un- 
limited state  certificate  they  shall  be  satisfied  and  report  that 
he  possesses  the  requisite  scholarship  in  all  the  branches  above 
named  and  in  such  others  as  shall  have  been  prescribed.  He 
shall  furnish  to  the  examiners  such  evidence  of  good  moral 
character,  experience  and  success  in  teaching  as  they  may  re- 
quire, and  upon  their  recommendation  the  state  superintendent 
shall  issue  to  him  such  certificate  as  is  awarded  by  their  report, 


CERTIFICATES    AND   EXAMINATIONS.  (35 

A  limited  state  certificate  shall  qualify  him  to  teach  in  any 
public  school  without  further  examination  for  five  years  from  its 
date,  unless  sooner  annulled,  and  an  unlimited  state  certificate 
until  annulled. 

Record  of  examination.  SECTION  456.  The  state  superintend- 
ent shall  record  the  date  of  each  certificate  and  the  name,  age 
and  residence  .of  the  person  to  wbom  issued;  and  he  shall  pre- 
serve on  file  in  his  office  all  papers  relating  to  the  examination 
of  applicants  for  state  certificates. 

Revocation  of  certificate.  SECTION  457.  Any  state  certifi- 
cate may  be  revoked  by  the  state  superintendent  for  incompe- 
tency  or  immoral  conduct;  but  before  any  such  revocation  the 
holder  shall  be  served  with  a  written  statement  of  the  charges 
against  bim  and  shall  have  an  opportunity  for  defense. 

Compensation  of  examiners.  SECTION  458.  There  shall  be 
paid  out  of  the  state  treasury  to  each  examiner  appointed  as 
aforesaid  five  dollars  per  day  for  all  time,  actually  and  n'eces- 
sarily  spent  in  going  to,  holding  and  returning  from  any  such 
examination,  and  all  his  actual  and  necessary  expenses  therein, 
to  be  fixed  and  certified  by  the  state  superintendent. 

Certificates  are  granted  on  examinations  conducted  by  oral  and  writ- 
ten questions,  and  upon  the  filing  of  evidence  of  moral  character  and 
of  successful  teaching.  Stationery  is  furnished  free  and  no  fee  is 
charged  for  certificates. 

LIMITED  CERTIFICATES. 

The  requirements  for  these  certificates  are  that  each  candidate  should 
pass  a  satisfactory  examination  on  all  the  branches  required  for  a 
first  grade  certificate  (see  section  450,  as  amended  by  section  1,  chap- 
ter 439,  laws  of  1901),  and  in  addition  on  mental  philosophy  and  Eng- 
lish literature.  Satisfactory  evidence  of  good  moral  character  and  of 
success  in  teaching  for  at  least  twelve  months  is  also  required. 

Candidates  are  allowed  to  write  at  three  successive  sessions  of  the 
board  of  examiners,  to  complete  the  work. 

UNLIMITED  CERTIFICATES. 

In  addition  to  the  examination  provided  for  limited  certificates,  can- 
didates for  unlimited  certificates  must  pass  a  satisfactory  examination 
in  botany,  political  economy,  history  of  education,  zeology,  general 
history,  and  in  geology,  or  chemistry,  or  astronomy,  as  the  applicant 
may  choose.  Latin  may  be  substituted  for  the  critical  study  of  Eng- 
lish literature.  They  must  also  .furnish  evidence  of  good  moral  char- 
acter and  of  having  taught  successfully  at  least  twenty-four  months. 

City  superintendents  are  frequently  authorized  by  charters  to  exam- 
ine and  issue  certificates,  to  all  teachers  employed  in  the  city.  If 
5 


6(5  SCHOOL  LAWS   OF  WISCONSIN. 

elected  to  tne  principalship  of  schools  the  city  superintendent  may  find 
it  difficult  to  qualify  under  other  statutes.  Section  454  authorizes  the 
state  superintendent  to  examine  and  issue  a  certificate  without  con- 
vening the  board  of  examiners.  Principals  should  apply  for  direction 
before  entering  upon  service. 

Foreign  certificates,  countersigning.  SECTION  45 Sa.  The 
teacher's  certificate  granted  by  another  state  which  is  fully  and 
fairly  equivalent  to  the  unlimited  state  certificate  may  be  coun- 
tersigned by  the  state  superintendent  upon  the  recommenda- 
tion of  the  board  of  examin'ers.  The  holder  of  such  certificate 
shall  furnish  evidence  of  learning,  good  moral  character,  ex- 
perience and  success  in  teaching  such  as  is  required  by  the  un- 
limited state  certificate. 

Diplomas  of  university  and  normal  schools.  SECTION  4586. 
The  state  superintendent  is  hereby  authorized  to  countersign 
diplomas  granted  upon  the  completion  of  a  regular  collegiate 
course  of  the  university  of  Wisconsin  or  upon  the  completion 
of  the  full  course  of  any  Wisconsin  state  normal  school.  ~No 
diploma  shall  be  countersigned  except  the  holder  thereof  fur- 
nish evidence  satisfactory  to  the  state  superintendent  of  good 
moral  character  and  one  year's  successful  teaching  in  a  public 
school.  The  certificate  granted  upon  the  completion  of  the  ele- 
mentary course  of  any  Wisconsin  state  normal  school  may  be 
countersigned  by  the  state  superintendent,  and  it  shall  have 
thereupon  the  force  and  effect  of  a  limited  state  certificate;  but 
no  such  certificate  shall  be  countersigned  unless  satisfactory  evi- 
dence of  good  moral  character  and  successful  experience  in 
teaching  a  public  school  for  eight  months  after  the  date  of  its 
issuance  be  furnished  to  "the  state  superintendent.  Neither  a 
limited  state  certificate  nor  a  certificate  from  the  elementary 
course  of  a  normal  school  shall  qualify  the  holder  as  principal 
of  a  free  high  school  having  a  four  years'  course  of  study. 

Diplomas — State  certificates.  SECTION  458c.  (As  amended 
by  chapter  237,  laws  of  1899.)  The  holder  of  a  diploma 
granted  by  any  incorporated  college  or  university  whose 
regular  collegiate  courses  are  fully  and  fairly  equivalent 
to  corresponding  courses  of  the  University  of  Wisconsin, 
or  the  holder  of  a  diploma  granted  by  a  state  normal 
school  whose  courses  of  study  are  fully  and  fairly  equiv- 
alent to  the  courses  of  study  in  the  Wisconsin  normal  schools, 
may  -present  such  diploma,  together^  with  evidence  of  the 
required  standing  of  the  college,  university  or  normal  school 


CERTIFICATES    AND   EXAMINATIONS. 


granting  the  same,  to  the  board  of  examiners.  The  applicant 
shall  furnish  therewith  testimonials  of  good  moral  character, 
and,  if  a  holder  of  a  diploma  granted  by  any  such  college  or  uni- 
versity located  within  this  state,  of  one  year's  successful  teaching 
in  a  public  school  after  the  date  of  said  diploma  ;  if  a  holder  of 
a  diploma  granted  by  any  such  college,  university  or  normal 
school  not  located  within  the  state,  the  applicant  shall  furnish 
therewith  like  testimonials  of  good  moral  character,  and  of 
two  years'  successful  teaching  in  a  public  school  after  the  date 
of  said  diploma.  The  holder  of  any  sucb  diploma  recom- 
mended favorably  by  the  board  shall  be  entitled  to  receive  an 
unlimited  state  certificate.  '  The  holder  of  a  diploma  granted 
upon  the  completion  of  a  course  of  study  accredited  as  herein 
provided,  upon  which  a  state  certificate  has  not  been  issued, 
upon  the  recommendation  of  the  board  of  examiners  made  in 
pursuance  of  such  examination  as  to  learning,  moral  character 
and  ability  to  teach  as  said  board  may  require,  may  be  given 
a  special  license  by  the  state  superintendent  to  teach  for  two 
years  in  a  public  school. 

Effect  of  countersigning:.  SECTION  458d.  Diplomas  and 
life  certificates  provided  for  in  sections  458&  and  458&,  when 
so  countersigned,  shall  have  the  force  and  effect  given  by  law 
to  the  unlimited  state  certificate. 

Revocation  of  state  certificate,  etc.  SECTION  4580.  Any 
state  certificate  or  license,  or  tbe  equivalent  of  them,  may  be 
revoked  by  'the  state  superintendent  for  incompetency  or  im- 
moral conduct;  but  before  any  such  revocation  the  holder  shall 
be  served  with  a  written  statement  of  the  charges  against  him 
and  shall  have  an  opportunity  for  defense. 

Diploma  of  Milwaukee  high  school.  SECTION  45  8/.  The 
state  superintendent,  after  such  examination  as  to  moral  cbar- 
acter,  learning  and  ability  to  teach  as  to  him  may  seem  proper 
and  reasonable,  may  countersign  the  diploma  of  any  graduate 
of  the  Milwaukee  hig'h  school  and  the  normal  department  there- 
of, received  from  the  school  board  of  Milwaukee,  wbo  has 
•taught  successfully  in  a  public  school  in  this  state  for  five  years, 
and  the  diploma  of  such  graduate,  so  countersigned,  shall  be 
evidence  of  his  qualifications  to  teach  in  any  common  school 
and  have  tbe  force  and  effect  of  an  unlimited  state  certificate, 


68  SCHOOL  LAWS   OF  WISCOMSIN. 

Kindergarten  diploma.  SECTION  45%.  A  diploma  granted 
by  the  board  of  regents  of  normal  schools  to  any  person  who 
completes  the  kindergarten  training  course  established  by  said 
board  in  any  of  the  state  normal  schools  shall  be'  regarded  as 
a  certificate  legally  qualifying  the  holder  thereof  to  teach  for 
one  year  in  any  kindergarten  forming  a  part  of  the  public 
school  system;  and  the  state  superintendent  may,  after  such  ex- 
amination as  to  moral  character,  learning  and  ability  to  teach 
as  to  him  may  seem  .proper,  countersign  such  diploma  if,  since 
receiving  it,  the  holder  has  taught  in  a  public  kindergarten 
in  this  sta'te  one  year,  and  thereafter  such  countersigned  diplo- 
ma shall  qualify  to  so  teach  until,  the  same  shall  be  annulled. 

Legal  qualifications  of  kindergarten  teachers.  (Chapter  347, 
laws  of  1901.)  SECTION  1.  The  holder  of  a  diploma  granted 
by  any  incorporated  kindergarten  training  school  whose  course 
of  instruction  is  fully  ar  ^  fairly  equivalent  to  the  course  of  in- 
struction in  kindergarten  training  prescribed  by  the  board  of  re- 
gents of  normal  schools  in  any  of  the  state  normal  schools,  may, 
present  such  diploma,  together  with  evidence  of  the  required 
standing  of  the  kindergarten  training  school  issuing  such  diplo- 
ma, to  the  state  board  of  examiners.  The  applicant  shall  furnish 
therewith  testimonials  of  good  moral  character  and  of  two  years' 
successful  teaching  in  a  kindergarten  in  Wisconsin  after  the  date 
of  such  diploma.  The  holder  of  any  such  diploma  recommended 
favorably  by  the  board.shall  be  entitled  to  receive  a  certificate  is- 
sued by  the  state  superintendent,  qualifying  the  holder  to  teach 
in  any  public  kindergarten  in  the  state  until  the  same  shall 
•be  annulled.  The  holder  of  a  diploma  granted  upon  the  com- 
pletion of  a  course  of  study  accredited  as  herein  provided,  upon 
which  a  state  certificate  has  not  been  issued,  upon  the 
recommendation  of  the  board  of  examiners  made  in  pursuance 
of  such  examination  as  to  learning,  moral  character  and  ability 
to  teach  as  said  board  may  require,  may  be  given  a  special  li- 
cense by  tt*e  state  superintendent  to  teach  for  two  years  in  any 
public  kindergarten  in  the  state. 

SECTION  2.  An  unlimited  state  certificate  qualifying  the 
holder  to  teach  in  any  public  kindergarten  in  the  state  until 
annulled,  shall  be  issued  by  the  state  superintendent  to  any 
person  recommended  for  such  certificate  by  the  state  board  of 
examiners,  after  such  examination  as  shall  satisfy  the  examin- 
ers tfrat  the  applicant  possesses  the  requisite  scholarship  in  all 
the  branches  prescribed  in  the  course  of  instruction  for  kinder- 


CERTIFICATES    AND   EXAMINATIONS.  gg 

garten  training  by  the  board  of  regents  of  normal  schools  for 
any  of  the  state  normal  schools;  provided,  further,  that  the  ap: 
plicant  shall  furnish  to  the  examiners  such  evidence  of  good 
moral  character,  experience,  and  success  in  teaching  as  they 
may  require. 

"  SECTION  3.  In  addition  to  the  foregoing  there  are  hereby 
established  three  grades  of  certificates  for  kindergarten  teach- 
ers, to  be  known  as  first,  second,  'third.  Every  applicant  for 
a  kindergarten  certificate  shall  be  examined  in  the  subjects 
hereinafter  mentioned,  for  the  several  grades  respectively,  as 
follows:  For  the  third  grade  in  orthoepy,  orthography,  read- 
ing, writing,  arithmetic,  English  grammar,  physiology  and  hy- 
giene with  special  reference  to  the  physiology  and  hygiene  of 
childhood,  drawing,  music,  juvenile  literature,  and  theory  and 
art  of  kindergarten  teaching.  For  the.  second  grade,  in  all  the 
foregoing,  and  also  in  general  literature  and  'the  elements  of 
botany.  For  the  first  grade,  in  all  the  foregoing,  and  also  in 
the  history  of  education  as  related  to  the  development  of  the 
kindergarten,  and  in  the  elements  of  zoology.  If  found  qual- 
ified^ the  applicant  shall  receive  the  certificate  of  appropriate 
grade.  The  third  grade  certificate  shall  entitle  the  holder  to 
teach  in  any  kindergarten  for  such  period  not  more  than  one 
year,  as  may  be  specified  therein,  in  any  town  or  city  in  the 
superintendent  district  in  whicb  the  applicant  is  examined,  ex- 
cept that  it  may  be  limited  by  the  county  or  city  superintend- 
ent to  one  town  or  school  therein.  A  second  grade  certificate 
shall  entitle  'the  holder  to  teach  in  any  kindergarten  in  any 
town  or  city  in  such  superintendent  district,  and  be  in  force 
for  two  years  from  its  date.  A  first  grade  certificate  shall 
entitle  the  holder  to  teach  in  any  kindergarten  in  any  town 
or  city  in  such  superintendent  district,  and  be  in  force  for  four 
years  from  its  date;  but  the  county  or  city  superintendent  may 
limit  the  same  to  one  year  and  remove  the  limitations  upon  satis- 
factory evidence  that  the  holderjias  successfully  taught  in  a  pub- 
lic kindergarten  in  this  state  for  at  least  six  months.  If  a  per- 
son pass  a  satisfactory  examination  by  any  county  or  city  su- 
perintendent and  obtain  a  certificate  of  eitber  grade,  and  pro- 
pose to  teach  in  another  superintendent  district,  it  shall  be  law- 
ful for  the  superintendent  holding  the  papers  written  at  the 
examination  for  such  certificate,  upon  the  request  of  any 
county  or  city  superintendent,  to  transfer  such  papers  to  him, 
and  if  found  satisfactory,  a  certificate  thereon,  of  the  proper 
grade,  to  be  coterminous  with  the  original  certificate,  may  be  is- 


70  SCHOOL  LAWS  OF  WISCONSIN. 

sued  by  him,  to  the  same  effect  as  though  he  had  examined  the 
applicant  himself. 

SECTION  4.  After  July  1,  1902,  no  person  shall  be  deemed 
a  legally  qualified  kindergarten  teacber  in  the  state  of  Wiscon- 
sin who  does  not  hold  a  certificate  granted  by  the  proper  officer 
under  the  provisions  of  this  act;  provided,  that  nothing  herein 
shall  operate  to  invalidate  kindergarten  certificates  issued  un- 
der the  authority  of  the  board  of  education  of  any  city  prior 
to  the  passage  of  this  act;  nor  to  affect  the  validity  of  kinder- 
garten certificates  issued  under  the  provisions  of  section  458g 
of  statutes,  and  provided  further,  that  the  provisions  of  this  act 
shall  not  apply  to  cities  of  the  first  class. 

Certificates  to  graduates  of  the  state  university  and  normal 
schools.  SECTION  45S/^  (as  amended  by  chapter  171,  laws  of 
1901).  A  diploma  granted  upon  the  completion  of  a  regular 
collegiate  course  of  the  University  of  Wisconsin,  if  accompa- 
nied with  a  certificate  that  the  bearer  bas  completed  the  course 
of  pedagogical  instruction  prescribed  by  the  university  for  all 
persons  who  intend  to  teach  or  a  diploma  granted  upon  the  com- 
pletion of  the  full  course  of  any  state  normal  school  in  this  state 
upon  presentation  to  the  state  superintendent  shall  entitle  tbe 
holder  to  receive  from  that  officer  a  certificate  which  shall  au- 
thorize him  to  teach  in  any  public  school  for  one  year.  -The 
holder  of  a  certificate  granted  upon  the  completion  of  the  ele- 
mentary course  of  any  Wisconsin  state  normal  school,  not  coun- 
tersigned by  the  state  superintendent,  may  present  such  certifi- 
cate to  the  state  superintendent  and  thereupon  receive  a  cer- 
tificate which  shall  be  a  license  to  teach  in  any  public  school 
for  the  period  of  one  year  in  whicb  such  elementary  certificate 
would  authorize  the  holder  to  teach,  if  countersigned  by  the 
state  superintendent.  The  state  superintendent  is  hereby  au- 
thorized and  directed  to  issue  the  certificates  herein  provided 
for,  and  wben  issued  the  same  shall  have  the  force  and  effect 
of  a  legal  license  to  teach  in  the  public  schools,  required  to  be 
obtained  before  entering  into  contract  as  a  teacher  with  any 
school  officer. 

Qualifications  of  teachers.  SECTION  1.  (Chapter  120,  laws 
of  1899.)  After  the  first  day  of  July,  1900,  graduates  of  col- 
leges and  universities,  in  order  that  their  diplomas  may  become 
an  authorization  to  teach  in  the  public  schools  of  this  state, 
as  now  provided  by  law,  must  present  with  them  to  the  state 


CERTIFICATES   AND   EXAMINATIONS.  ift 

superintendent  of  public  instruction  satisfactory  evidence  of 
having  given  to  psychology  and  pedagogy  at  least  as  much 
study  as  is  required,  in  this  statei,  of  candidates  for  a  life  cer- 
tificate. 

The  circular  relating  to  examinations  will  give  some  idea  as  to  what 
thia  requirement  is. 

The  above  sections  and  chapters  cover  points  relating  to  the  coun- 
tersignature  of  diplomas  and  state  certificates  and  the  issuance  of  li- 
censes and  certificates  by  the  state  superintendent.  The  testimonials 
sent  must  be  originals,  not  copies,  and  the  statements  made  in  regard 
to  moral  character  must  be  clear  and  specific.  In  securing  evidence 
of  the  moral  character  and  success  in  teaching  necessary  before  di- 
plomas from  normal  schools  and  state  universities  can  be  counter- 
signed the  following  information  must  be  given: 

Name  and  address  of  the  superintendents  under  whom  you  have 
taught months: 

Name  and  address  of  the  principal  under  whom  you  last  taught,  if 
you  taught  in  a  graded  school  or  as  an  assistant  in  a  high  school; 
grade  of  work: 

Names  and  addresses  of  two  members  of  the  school  bo&rd  by  whom 
you  were  employed  when  you  last  taught: 

If  during  your months'  teaching  you  have  been  employed  by 

more  than  one  board,  give  the  names  and  addresses  of  two  members 
of  each  of  two  boards: 

Name  of  any  other  well  known  school  man  who  has  personal  knowl- 
edge of  your  work  in  the  class-room: 

From  what  school  do  you  hold  a  diploma? 

From  what  course  ? 

Date  of  diploma 

Have  you  passed  an  examination  for  a  state  certificate? 

If  so,  when?  .  .• 

Where? 

If  you  hold  a  diploma,  or  a  state  certificate  from  another  state  upon 
which  document  you  apply  for  a  state  certificate  in  Wisconsin,  forward 
the  document  so  held  to  the  state  superintendent,  if  he  has  not  already 
received  it. 

Your  name 

Address  .   .  * 

Date 

This  information  must  be  mailed  to  the  state  superintendent.  Blanks 
prepared  for  giving  this  information  will  be  promptly  mailed  to  any  one 
wishing  to  make  application  for  countersignature  of  his  diploma  or 
recognition  of  his  certificate.  The  state  superintendent  will  communi- 
cate at  once  with  the  parties  named  and  receive  their  estimates  of  the 
work  and  character  of  the  applicant. 

School  month;  attendance  on  institute.  SECTION  459.  Twenty 
days  of  teaching  stall  constitute  a  school  month  unless  it  be 
otherwise  specified  in  the  contract,  and  all  legal  holidays  occur- 
ring on  school  days  shall  be  counted  although  no  school  be 
taught ;  but  school  taught  on  legal  holidays  shall  not  be  counted 
for  two  school  days,  and  no  Saturdays  shall  be  counted.  The 


72  SCHOOL  LAWS  OF  WISCONSIN. 

board  may  give  to  any  teacher  employed,  without  deduction 
from  his  wages  therefor^  the  whole  or  any  part  of  his  time  spent 
by  him  in  attending  the  sessions  of  any  institute  held  in  the 
county  embracing  any  part  of  the  district,  upon  such  teacher's 
furnishing  to  tbe  clerk,  <to  be  filed  by  him,  a  certificate  of  reg- 
ular attendance  on  such  institute,  signed  by  the  person  conduct- 
ing the  same. 

School  boards  and  teachers  should  take  notice  that  the  teacher's 
month  is  always  twenty  days,  unless  otherwise  specified  in  the  con- 
tract; also,  that  no  Saturdays,  but  all  legal  holidays  occurring  while 
school  is  in  session  are  to  be  counted. 

The  legal  holidays  are  named  in  the  comments  on  section  462,  and 
whenever  any  legal  holiday  shall  fall  on  Sunday,  the  succeeding  Mon- 
day is  a  legal  holiday. 

It  is  recommended  that  school  boards  exercise  the  power  given  In 
this  section,  and  allow  teachers  to  attend  institutes  without  deducting 
the  time.  The  certificate  of  attendance  required  by  the  law  should  be 
surrendered  to  the  clerk  before  an  order  for  wages  is  drawn. 

School  register — Teacher's  report.  SECTION  460.  The  teacher 
gLall  enter  in  the  register  furnished  by  the  clerk  the  names, 
ages  and  studies  of  all  scholars  attending  school,  and  daily  their 
attendance  and  absence  and  such  other  facts  as  f^e  county  su- 
perintendent or  state  superintendent  may  require;  which  regis- 
ter the  teacher  shall  deliver  to  the  clerk  at  the  close  of  his 
service  or  whenever  it  may  be  required  for  the  use  of  the  board. 
The  teacher  shall  make  in  writing  and  transmit  to  the  board 
or  to  the  county  superintendent  a  report  concerning  any  mat- 
ter relating  to  his  school  in  such  form  or  manner  as  the  board 
or  superintendent  may  prescribe;  and  any  teacher  who  shall 
wilfully  neglect  or  refuse  to  make  entries  in  the  register  as 
above  required  shall  forfeit  his  wages  for  teaching  during  the 
time  of  such  neglect  or  refusal. 

It  is  the  duty  of  the  clerk  to  furnish  the  teacher  with  a  register 
(subdivision  5,  of  section  446),  and  to  call  attention  to  the  penalties 
of  wilful  neglect  or  refusal  to  comply  with  this,  requirement. 

A  form  of  school  register  is  given  in  the  appendix  hereof  (No.  25). 
Economy  will  be  served  if  bound  books  be  procured  for  registers. 
While  registers  are  not  supplied  by  the  state  superintendent,  approved 
forms  may  be  obtained  of  firms  that  deal  in  school  supplies. 

The  clerk  should  examine  the  register  during  the  term  to  aid  in 
securing  that  accuracy  in  the  method  of  keeping  it  that  will  enable 
him  to  make  a  reliable  report  to  the  town  clerk,  and  he  should  require 
the  teacher  to  return  the  register  at  the  end  of  the  term.  The  teacher 
should  also  fill  out  a  condensed  report  at  the  end  of  each  term  and 
at  the  close  of  the  school  for  the  year.  Such  reports  are  easily  fur- 
nished by  the  teacher  and  are  helpful  in  securing  accurate  reports 
from  school  officers. 


THE   COUNTY   SUPERINTENDENT. 


IV. -THE  COUNTY  SUPERINTENDENT. 


Eligibility.  SECTION  702^.  (As  amended  by  Chap.  351, 
Laws  of  1899.)  No  person  shall  be  eligible  to  the  office 
of  county  superintendent  of  schools  who  shall  not,  at  the 
time  of  his  election  or  appointment  thereto,  have  taught  in 
a  public  school  in  this  state  for  a  period  of  not  less  than  eight 
months,  and  who  shall  not,  at  such  time,  hold  a  certificate  en- 
titling him  to  teach  in  any  public  school  therein,  or  a  county 
superintendent's  certificate,  issued  by  the  state  superintendent 
after  examination  by  and  upon  the  recommendation  of  the 
board  of  examiners  for  state  certificates  as  provided  by  law; 
provided,  that  the  foregoing  provision  shall  not  disqualify  anv 
person  who  held  such  office  in  this  state  on  or  before  the  first 
day  of  May,  one  thousand  eight  hundred  and  ninety-five. 

See  section  38,  Wisconsin  statutes  of  1898. 

Any  one  of  the  following  documents  entitles  its  holder  to  teach  in 
any  public  school  in  the  state,  and  hence  is  the  certificate  required  by 
the  provisions  of  the  law  above  quoted: 

1.  The  Unlimited  Wisconsin  State  Certificate. 

2.  The  Limited  Wisconsin  State  Certificate  for  five  years  from  tne 
date  of  the  certificate. 

3.  A  diploma  granted  upon  the  completion  of  a  regular  collegiate 
course  of  the  Wisconsin  State  University,  or  of  a  Wisconsin  state  nor- 
mal school,  if  countersigned  by  a  Wisconsin  state  superintendent. 

4.  An  elementary  certificate,  granted  upon  the  completion  of  the  ele- 
mentary course  of  study  of  any  one  of  the  Wisconsin  state  normal 
schools  for  five  years  after  the  date  of  countersignature  by  a  state 
superintendent. 

5.  Any  college  or  university  diploma,  bearing  the  countersignature 
of  a  Wisconsin  state  superintendent. 

6.  A  special  license  granted   by  a  Wisconsin  state  superintendent, 
authorizing  the  holder  to  teach  for  one  or  two  years  in  any  public 
school  in  Wisconsin,  as  provided  in  sections  458c  and  458h. 

7.  A  diploma  granted  upon  the  completion  of  the  course  of  study  of 
the   Milwaukee   high   school   and    the   normal    department  thereof,   if 
countersigned  by  a  Wisconsin  state  superintendent. 

8.  A  limited  state  certificate  or  a  first  or  second  grade  county  cer- 
tificate countersigned  'by  a  Wisconsin  state  superintendent  under  the 
provisions  of  chapter  303,  laws  .of  1882.     (Chapter  303,  laws  of  1882, 
has  been  repealed.) 


74  SCHOOL  LAWS  Otf  WISCONSIN. 

9.  A  state  certificate  granted  by  any  other  state,  that  has  been  coun- 
tersigned by  a  Wisconsin  state  superintendent. 

10.  The  county  superintendent's  certificate,  issued  by  a  Wisconsin 
state  superintendent  in  accordance  with  section  461g. 

11.  The  certificate  authorized  by  section  458h,  if  in  force  at  the  time 
of  nomination  and  election. 

Superintendent  districts — Effect  upon  cities.  SECTION  703. 
The  county  board  of  each  county  having  over  fifteen  thousand 
inhabitants  according  to  the  census  last  preceding  division  may 
divide  such  county  into  two  superintendent  districts,  to  be 
called  superintendent  district  number  one  and  superintend- 
ent district  number  two,  by  resolution,  specifying  therein  the 
territory  included  in  each  and  every  such  division,  and  every 
like  division  heretofore  made  shall  remain  in  force  until  re- 
scinded by  resolution  of  the  county  board.  Unless  so  divided 
each  county  shall  constitute  a  superintendent  district;  but  ev- 
ery city  having  a  board  of  education,  a  superintendent  of 
schools  or  other  board  or  officer  vested  with  power  to  examine 
and  license  teachers  and  supervise  and  manage  the  schools 
therein,  shall  be  exempt  l^om  the  provisions  of  this  section  and 
all  provisions  relating  to  county  superintendents  of  schools, 
except  so  far  as  required  to  make  reports  to  the  county  super- 
intendent of  the  district  in  which  such  city  is  situated;  and  the 
electors  of  such  city  shall  have  no  voice  in  electing  such  county 
superintendent,  and  the  supervisors  from  such  city  shall  have 
no  voice  in  the  county  board  in  determining  or  providing  the 
compensation  or  allowance  of,  or  any  matter  relating  to,  sucb 
Bounty  superintendent ;  nor  shall  any  tax  be  levied  on  such  city 
to  pay  any  part  of  such  compensation  or  allowances.  When 
any  county  shall  be  so  divided  the  county  board  may  assign 
the  county  superintendent  in  office  to  either  district,  and  the 
state  superintendent  shall  appoint  a  county  superintendent  for 
the  otber  district,  to  hold. until  his  successor  is  elected  and  qual- 
ified according  to  law.  The  acceptance  of  the  office  of  county 
supervisor  by  any  county  superintendent  of  schools  shall  va- 
cate his  office. 

Salary,  expenses  and  bond.  SECTION  704.  The  compensa- 
tion of  county  superintendents  of  schools  shall  be  fixed  by  the 
county  board,  and  shall  be  an  annual  salary  or  a  per  diem  of 
not  less  than  tbree  nor  more  than  five  dollars.  They  may  fix 
such  annual  salary  or  limit  the  entire  annilal  amount  of  such 
per  diem  compensation  at  not  less -than  five  hundred  nor  more 


THE    COUNTY    SUPERINTENDENT.  75 

than  eight  hundred  dollars  in  districts  containing  more  than 
five  thousand  and  less  than  ten  thousand  inhabitants,  and  not 
less  than  eight  hundred  nor  more  than  fifteen  hundred  dollars 
in  districts  containing  more  than  'ten  thousand  inhabitants;  and 
in  estimating  such  population  the  cities  mentioned  in  tbe  next 
preceding  section  shall  be  excluded.  Each  superintendent 
serving  for  a  per  diem  shall  present  to  the  county  clerk,  quar- 
terly, before  receiving  the  compensation  due  him,  a  sworn  state- 
ment showing  the  number  of  days  actually  and  necessarily 
spent  by  him  in  the  discharge  of  his  duties  during  the  preced- 
ing quarter,  and  no  compensation  shall  be  allowed  except  for 
days  thus  specified.  The  county  board  shall  allow  for  station- 
ery, postage  and  printing  such  amount  as  the  county  superin- 
tendent shall  certify  to  be  actually  necessary,  not  exceeding 
one  hundred  dollars  in  districts  containing  less  than  five  thou- 
sand inhabitants,  and  not  exceeding  two  hundred  dollars  in  dis- 
tricts containing  more  than  five  thousand.  The  limitations  of 
this  section  shall  not  apply  to  counties  for  which  different  limi- 
tations have  been .  made  by  special  acts.  Each  county  board 
may  allow  such  superintendent  such  sum,  in  addition  to  his 
compensation,  as  he  shall  certify  he  has  actually  expended  in 
defraying  his  necessary  traveling  expenses  while  engaged  in  the 
performance  of  the  duties  of  his  office;  provided,  tbat  no  more 
than  two  hundred  dollars  shall  be  appropriated  for  such  ex- 
penses in  any  one  year  to  each  superintendent.-  The  accounts 
for  such  expenses  may  be  audited  at  the  annual  meeting  of  the 
board.  Each  superintendent  shall  be  reimbursed  his  actual 
necessary  expenses  incurred  in  traveling  from  his  residence  to 
the  place  of  bolding  the  nearest  or  most  accessible  convention 
of  county  superintendents  called  by  the  state  superintendent, 
the  expense  of  his  board  and  lodging  during  the  time  he  act- 
ually attended  such  convention  and  his  expenses  in  returning 
from  the  same  to  his  residence.  The  bill  for  such  expenses 
shall  be  audited  by  the  county  board  upon  the  presentation 
thereof  with  the  certificate  of  the  state  superintendent  attached 
sbowing  the  county  superintendent's  attendance  on  such  con- 
vention for  the  time  specified  in  the  bill;  not  more  than  one 
such  account  shall  be  paid  for  any  one  superintendent  in  each 
year.  Each  county  superintendent  shall  give  a  bond,  with  such 
sureties  as  the  county  board  may  approve,  for  the  proper  per- 
formance of  his  duties  under  the  law  providing  for  a  county 
teachers'  institute  fund,  which  bond  shall  secure  the  payment 


76  SCHOOL  LAWS  OP  WISCONSIN. 

of  not  less  than  twice  the  sum  of  money  which  the  board  may 
estimate  will  come  to  his  hands  in  pursuance  thereof. 

This  section  places  the  matter  of  allowing  the  traveling  expenses 
of  the  couunty  superintendent  to  the  amount  of  two  hundred  dollars, 
per  annum,  at  the  discretion  of  the  county  board  of  supervisors,  but 
chapter  52,  laws  of  1901,  states  that  "such  expenses  shall  be  audited 
and  allowed  by  the  county  board  at  its  annual  meeting  in  November." 

His  duties.  SECTION  461.  It  shall  be  the  duty  of  every 
county  superintendent: 

1.  To  examine  and  license  teachers  in  his  district  and 'to  an-, 
nul  certificates  as  provided  by  law. 

The  purpose  of  teachers'  examinations  is  to  ascertain  the  attain- 
ments of  applicants  in  the  branches  set  forth  in  the  law,  and  their 
ability  to  instruct.  Character  and  conduct  are  important  factors  in 
a  teacher's  equipment,  and  so  the  law  restrains  superintendents  from 
granting  certificates  to  persons  known  to  them  to  be  immoral.  A 
formal  examination  into  the  moral  character  of  applicants  seems  to 
be  impracticable,  but  superintendents  should  be  no  less  alert  to  save 
pupils  from  the  contamination  that  would  result  from  licensing  un- 
principled persons.  Applicants  that  are  unknown  to  the  examiner 
should  be  required  to  furnish  satisfactory  evidence  that  their  conduct 
is  above  reproach.  The  law  wisely  forbids  the  use  of  religious  tests, 
but  that  sound  morality  that  constitutes  the  recognized  rules  of  life 
among  right  thinking  people  is  not  sectarian. 

Comment  upon  certificates  may  be  found  under  section  450,  as 
amended  by  chapter  439,  laws  of  1901. 

The  law  sets  forth  the  branches  in  which  applicants  must  be  exam- 
ined, and  the  different  certificates  which  superintendents  are  author- 
ized to  grant.  The  method  of  examination  is  by  written  and  oral 
questions.  In  the  preparation  of  questions  care  should  be  observed 
that  they  are  made  to  involve  principles  rather  than  facts,  and  they 
should  be  so  framed  as  to  test  the  applicant's  ability  to  develop  a  sub- 
ject by  correct  methods,  and  to  secure  to  pupils  the  disciplinary  value 
of  the  study.  They  should  be  sufficient  in  number  to  constitute  an 
adequate  test. 

Superintendents %  should  discriminate  between  the  standard  of  at- 
tainments in  branches  of  study  and  the  standing  in  these  branches. 
The  standard  is  the  examiner's  judgment  as  to  the  ability  and  schol- 
arship requisite  to  a  teacher.  Standing  is  the  applicant's  attainments 
in  the  several  branches  as  indicated  by  the  examination. 

Care  in  the  formation  of  the  standard  required  will  aid  in  determin- 
ing the  plan  of  examination  and  the  questions  to  be  submitted.  The 
sole  purpose  of  examinations  is  to  test  the  ability  and  attainments  of 
applicants  as  measured  by  a  required  standard,  and  hence  some  stand- 
ard is  a  pre-requisite  to  intelligent  work  in  examinations.  If  the  ex- 
aminer prefers  not  to  know  whose  papers  he  examines,  he  may  give 
each  candidate  a  number  to  be  placed  upon  his  paper  instead  of  his 
name.  The  preliminary  paper,  prepared  by  the  candidate,  should  show 
his  number,  which  will  afford  a  means  of  identifying  his  papers  after 
they  have  been  'examined  and  the  results  determined.  Whichever 
method  is  adopted,  the  examiner  will  not  be  relieved  from  the  duty 
of  justifying  his  markings  when  called  upon  to  do  so. 


THE   COUNTY    SUPERINTENDENT.  Y7 

In  conducting  the  oral  examination,  the  examiner  should  carefully 
note  pronunciation,  choice  of  words,  facility  of  illustration,  and  man- 
ner of  address,  with  a  view  to  the  formation  of  relatively  just  judg- 
ments. The  oral  examination  affords  an  excellent  test  of  a  person's 
ability  to  impart  instruction.  All  applicants  deserving  certificates 
should  speak  the  English  language  readily  and  correctly. 

The  law  does  not  require  the  attainment  of  any  age  as  essential  for 
a  certificate.  The  question  for  the  examiner  to  determine  is  one  of 
capacity  and  fitness  to  perform  the  duties  and  to  meet  the  responsibili- 
ties of  a  school  teacher.  These  demand  a  maturity  of  judgment  and  a 
soundness  of  discretion  not  found  in  boys  and  girls. 

All  papers  written  at  examinations  should  be  preserved  by  the  su- 
perintendent during  the  life  of  the  certificate  issued  thereon.  A  con- 
veniently arranged  permanent  record  'of  all  examinations  should  be 
kept,  which  should  embrace  the  names  and'  addresses  of  applicants, 
their  standings  and  the  grade  of  certificates  granted  to  each,  with  the 
date  of  its  expiration.  See  section  450b  as  amended  by  chapter  439, 
laws  of  1901. 

The  examiner  should  make  all  arrangements  necessary  to  the  proper 
conduct  of  the  examination  sufficiently  early  to  begin  work  at  the 
hour  appointed  in  the  public  notice.  Applicants  should  be  required  to 
conform  to  such  regulations  as  will  facilitate  the  work  of  the  exami- 
nation and  make  it  a  true  test  of  their  qualifications.  Every  precau- 
tion should  be  taken  to  preclude  resort  to  unfair  means. 

2.  To  visit  and  examine  each  district  and  all  the  schools  in 
his  district  at  least  once  in  each  year  and  as  much  of tener  as 
may  be  necessary;  .to  inquire  into  all  matters  relating  to  the 
management,  course  of  study,  mode  of  instruction,  text-books 
and  discipline  of  such  schools  and  the  condition  of  the  school- 
house,  sites  and  outbuildings  and  appendages  and  of  the  district 
generally;  to  advise  with  and  counsel  the  district  boards  in  re- 
lation to  their  duties,  and  particularly  in  relation  to  the  con- 
struction, warming  and  ventilation  of  school-houses  and  the  im- 
proving and  adorning  of  the  school  grounds,  and  to  recommend 
to  the  school  officers  and  teachers  the  proper  studies,  discipline 
and  management  of  schools. 

The  object  of  the  superintendent's  visits  is  set  forth  with  sufficient 
clearness  in  the  law.  It  remains  for  him  to  make  his  visits  helpful 
to  the  schools.  A  formal  call  of  a  few  minutes'  duration  can  serve 
no  beneficial  purpose,  and  should  not  be  considered  a  sufficient  perform- 
ance of  the  superintendent's  duty  in  this  regard. 

The  superintendent  should  keep  a  record  of  his  observations.  The 
information  thus  obtained  should  serve  as  an  aid  in  passing  judgment 
upon  the  qualifications  of  teachers,  and  should  also  form  the  basis  of 
association  work.  Without  it  the  superintendent  must  necessarily  be 
a  stranger  to  the  needs  of  his  schools,  and  will  not  be  able  to  advise 
school  boards  wisely,  or  to  direct  the  ^ork  of  teachers  intelligently. 

3.  To  direct,  after  proper  examination,  the  district  board  to 
make  any  alteration  and  repairs  which  shall,  in  his  opinion, 


78  SCHOOL  LAWS  OF  WISCONSIN. 

be  necessary  to  the  health,  comfort  and  progress  of  the  pupils, 
and  to  abate  any  nuisance  in  or  upon  the  premises,  provided 
the  same  can  be  done  at  an  expense  not  exceeding  'twenty-five 
dollars. 

4.  To  make  an  .order  in  concurrence  with  the  chairman  of 
the  town  board  in  which  any  school-house  is  situated  which  they 
shall  deem  unfit  for  school  purposes  and  not  worth  repairing, 
declaring  such  fact  and  reciting  the  reason  therefor.        They 
shall  deliver  such  order  to  the  clerk  of  'the  district  and  trans- 
mit forthwith  a  copy  thereof  to  the  clerk  of  the  town  and  also 
to  the  state  superintendent.     Such  order  shall  take  effect  from 
its  date  unless  within  thirty  days  after  it  is  delivered^  to  the 
district  clerk  the  same  shall  be  reversed  by  tt-e  state  superin- 
tendent for  cause  shown ;  and  from  the  time  said  order  shall 
take  effect  the  district  shall  not  share  in  any  apportionment  of 
the  school  fund  income  for  any  school  kept  in  any  building  so 
declared  to  be  unfit  for  school  purposes. 

5.  To  report  annually  to  the  board  of  supervisors  of  his  coun- 
ty the  condition  of  the  schools  under  his  supervision. 

6.  To  receive  from  the  town,  city  or  village  clerk  tl:;e  ab- 
stracts of  the  reports  of  the  district  clerks  required  to  be  made 
by  law  and  to  transmit  the  same  to  the  state  superintendent; 
and  before  the  first  day  of  May  ii^  each  year  to  transmit  to  the 
state  superintendent  the  name  and  postoffice  address  of  each 
town  clerk  in  his  district,  and  from  time  to  time  such  other 
facts  relating  to  education  in  his  district  as  the  state  superin- 
tendent shall  require. 

7.  To  organize  and  conduct  at  least  one  institute  for  the  in- 
struction of  teachers  in  each  year,  and  to  advise  in  all  questions 
arising  under  the  operations  of  'the  school  laws  in  his  district. 

It  is  made  the  duty  of  the  superintendent  to  hold  an  institute  each 
year.  Careful  preparation  should  be  made  for  its  accommodation.  A 
well  ventilated  and  properly  warmed  room,  furnished  with  blackboards 
and  a  sufficient  number  of  seats  to  accommodate  all  that  attend,  is 
indispensable.  In  the  selection  of  the  place  for  holding  an  institute, 
care  should  be  exercised  to  choose  a  place  in  which  a  proper  building 
can  be  secured,  and  ample  accommodations  obtained  for  the  entertain- 
ment of  teachers. 

Notice  of  the  institute  should  suggest  the  necessity  of  bringing  sta- 
tionery, manuals  and  text-books.  The  superintendent  should  strive  to 
secure  prompt  and  regular  attendance,  and  to  maintain  such  order  and 
attention  as  will  render  the  institute  a  model  in  methods  of  recitation, 
instruction  and  amangement.  The  superintendent  should,  correspond 
with  the  conductor  appointed  to  assist  him  in  reference  to  a  suitable 
program.  The  suggestions  which  he  may  make  to  the  conductor  should 
spring  from  his  knowledge  of  the  needs  of  his  teachers  as  shown  by 


THE   COUNTY    SUPERINTENDENT.  79 

his  examinations  and  school  visitation.  The  program  should  be  pub- 
lished with  the  notice  and  should  be  followed  in  the  actual  work  of 
the  institute.  See  sections  407,  408  and  461f. 

8.  (As  amended  by  Chap.  290,  Laws  of  1901.)  To  divide 
his  district  into  examination  districts  bounded  by  town  lines  and 
containing  not  more  than  four  towns  each  when  the  number  of 
schools  in  his  district,  including  graded  schools,  shall  exceed  one 
hundred  and  fifty;  but  to  form  not  less  than  four  examination 
districts  if  the  number  of  schools  is  less  than  one  hundred  and 
fifty ;  not  less  than  three  if  the  number  is  less  than  one  hundred : 
to  hold  in  each  examination  district  in  each  year,  at  least  one 
meeting  for  the  examination  of  teachers,  and  at  least  three 
others  at  intervals  of  three  months,  at  the  county  seat  or  some 
convenient  and  central  place  in  the  county,  two  of  which  shall 
be  in  first  and  second  grade  branches;  provided^  the  county 
superintendent,  by  and  with  the  advice  and  consent  of  the  state 
superintendent,  may  modify  the  number  and  boundaries  of 
the  examination  districts,  the  number  of  examinations,  in  first 
and  second  grade  branches,  and  may  fix  the  times  and  places 
for  holding  the  examinations  for  second  and  first  grade  certifi- 
cates; to  furnish  each  district  clerk  in  the  same  a  written  notice 
of  each  meeting,  to  be  posted  by  him  in  some  conspicuous 
place  in  the  district.  Such  notice  shall*  contain  the  names  of 
the  towns  embraced  in  the  examination  district  to  which  it  re- 
lates, and  the  time,  place  and  objects  of  the  meeting.  The 
examination  of  the  teachers  shall  be  uniform  in  the  superin- 
tendent district,  shall  be  public  and  shall  be  conducted  by 
oral  and  written  questions  and  answers.  Whenever  for  any 
cause  satisfactory  to  the  county  superintendent  any  person  de- 
siring a  certificate  as  a  'teacher  shall  be  unable  to  attend  upon 
such*  examinations  he  may  be  examined  at  any  time  fixed  by 
him,  and  if  found  qualified  by  law  to  teach  may  receive  a  cer- 
tificate of  the  proper  grade,  which  shall  remain  in  force  until 
the  next  regular  examination  in  such  inspection  district. 

Deputy  county  superintendent.  (Chapter  321,  Laws  of  1901.) 
SECTION  1.  The  county  superintendent  of  schools  of  any 
county  or  superintendent  district  may,  by  and  with  the  consent 
of  the  county  board,  appoint  a  deputv,  provided  he  has  under 
his  jurisdiction  not  less  than  one  hundred  schools.  Such  depu- 
ty shall  at  the  time  of  his  appointment  hold  at  least  a  first 
grade  county  certificate  and  shall  have  taught  in  the  public 
schools  of  the  state  for  a  period  of  not  less  than  eight  months. 


80  SCHOOL   LAWS    OP   WISCONSIN. 

Notice  of  such  appointment  shall  be  filed  with  'the  county 
clerk,  and  the  county  board  of  supervisors  at  any  regular  or  at 
any  special  meeting  may  appropriate  an  annual  salary  of  not 
more  than  six  hundred  dollars  for  services  rendered  by  such  dep- 
uty, under  the  direction  of  the  county  superintendent  of 
schools.  The  deputy  shall  under  the  direction  of  the  county 
superintendent  be  authorized  to  perform  all  the  duties  now  re- 
quired of  the  county  superintendent,  except  the  certification 
of  teachers.  The  deputy  shall  be  subject  to  removal  by  the 
county  superintendent,  notice  of  such  removal  to  be  filed  in  the 
office  of  the  county  clerk. 

Uniformity  in  examinations  does  not  mean  that  the  same  questions 
shall  be  submitted  to  each  applicant;  but  that  throughout  the  superin- 
tendent's district  the  tests  employed  shall  be  as  nearly  uniform  in 
scope  and  thoroughness  as  practicable. 

Although  the  certificates  granted  upon  special  examinations  are  of 
short  duration,  yet  they  should  be  based  on  tests  as  thorough  as  those 
required  in  public  examinations.  Private  examinations  are  avoided  by 
some  superintendents  by  appointing  a  supplementaryv  examination  late 
in  the  season.  Good  judgment  will  be  required  to  avoid  submitting 
questions  that  are  so  difficult  as  to  exclude  competent,  or  so  slight  as 
to  admit  inpompetent  persons. 

Attendance  on  convention.  SECTION  .46 la.  The  county  su- 
perintendent shall  attend  annually  at  least  one  convention  of 
county  superintendents  called  and  held  by  the  state  superin- 
tendent for  the  purpose  of  consultation,  advice  and  instruction 
upon  matters  pertaining  to  supervision  and  management  of 
public  schools.  His  necessary  actual  expenses  for  traveling 
from  his  residence  to  the  place  of  holding  the  nearest  and  most 
accessible  convention  and  returning  thereto  and  for  board  and 
lodging  while  in  actual  attendance  thereon  shall  be  paid  by  the 
county,  and  bills  for  such  expenses  sball  be  audited  and  allowed 
by  the  several  county  boards  upon  the  presentation  of  the  same 
with  the  certificate  of  the  state  superintendent  attached  thereto 
showing  that  the  claimant  attended  such  convention  for  the 
number  of  days  specified  in  the  bill;  provided,  not  more  than 
one  such  account  shall  be  paid  in  each  year. 

Not  to  teach,  etc.  SECTION  461&.  NVcounty  superintendent 
of  schools,  except  in  counties  where  his  salary  is  less  than  eigbt 
hundred  dollars,  shall  engage  in  teaching  during  the  term  for 
which  he  was  elected  nor  engage  in  any  profession  or  occupa- 
tion, nor  shall  he  absent  himself  from  the  county  or  district 
for  which  he  is  elected  to  engage  in  any  occupation,  profession 


THE    COUNTY    SUPERINTENDENT.  81 

or  pursuit  during  the  term  for  which  he  is  elected  for  such  time 
or  in  such  manner  as  to  interfere  with  the  proper  discharge  of 
his  duties  as  such.  A  violation  of  any  of  the  provisions  of  this 
section  shall  subject  the  offender  to  removal  from  office. 

Residence  and  office.  SECTION  46 Ic.  When  a  county  seat  is 
located  in  an  independent  city  having  a  separate  superintendent 
of  schools  or  a  county  shall  be  divided  into  two  superintend- 
ent districts,  the  county  superintendent  may  reside  in  such 
county  seat  and  keep  an  office  in  the  public  building  or  other 
place  provided  'therefor  by  the  county. 

Traveling  expenses.  SECTION  461<i  (as  amended  by  Chap. 
52,  Laws  of  1901.)  The  county  board  shall  allow  the  county 
superintendent  such  sum  over  and  above  his  salary  as  he  shall 
certify  he  has  actually  expended  in  traveling  expenses  in  the 
discharge"  of  his  official  duties,  not  exceeding  two  hundred  dol- 
lars in  any  one  year;  and  such  expenses  shall  be  audited  and 
allowed  by  the  county  board  at  its  annual  meeting  in  Novem- 
ber. In  a  county  where  there  is  more  than  one  superintend- 
ent district  the  vote  of  the  members  of  the  board  representing 
each  such  district  shall  be  taken  separately.  Any  sum  of 
money  so  voted  and  allowed  to  any  such  superintendent  shall 
be  charged  and  assessed  against  and  upon  the  district  for  whose 
superintendent  the  same  is  appropriated. 

Examination  fee,  etc.  SECTION  461s.  Any  applicant  pre- 
senting' himself  for  examination  by  any  county  superintendent 
for  a  certificate  entitling  him  to  teach  in  the  district  of  such 
superintendent,  any  person  making  application  to  the  county 
superintendent  for  a  certificate  based  upon  papers  written  in 
an  examination  held  in  another  superintendent's  district  under 
section  450,  and  any  graduate  of  a  high  school  making  applica- 
tion to  such  superintendent  for  the  countersigning  of  his  cer- 
tificate or  diploma  under  section  45 2a  shall,  before  such  exam- 
ination is  entered  upon  or  before  the  issuance  of  such  certificate 
or  such  countersigning,  pay  to  such  superintendent  an  exami- 
nation fee  of  one  dollar. 

Use  of  fund.     SECTION  461/.     All  moneys  paid  to  the  county 
superintendent    under   the   preceding   section    shall    constitute 
an  institute  fund  and  be  used  under  the  direction  of  the  county 
6 


82  SCHOOL  LAWS   OF  WISCONSIN. 

superintendent  in  defraying  the  necessary  expenses  of  conduct- 
ing annually  one  or  more  teachers'  institutes  for  the  instruction 
in  the  theory  and  art  of  teaching  in  the  branches  taught  in  the 
common  schools,  of  the  teachers  in  his  district  and  in  compen- 
sation for  lectures  at  such  institutes  by  others  than  the  con- 
ductors and  county  superintendent. 

Superintendent's  report.  SECTION  461gr.  The  county  super- 
intendent shall  annually  make  and  file  .with  the  county  clerk 
a  statement,  verified  by  his  affidavit,  giving  the  names  of  all 
persons  examined  by  him  since  the  beginning  of  his  term  or 
since  the  date  of  his  last  statement,  together  witb  the  dates 
when  such  persons  were  examined.  He  shall  also  embody  in 
such  statement  the  names  of  all  persons  to  whom  certificates 
have  been  issued  upon  papers  written  in  another  superintend- 
ent's district  and  the  dates  when  such  certificates  were  issued, 
and  also  the  names  of  all  graduates  of  hi^h  schools  whose  di- 
plomas he  has  countersigned,  together  with  the  dates  of  coun- 
tersigning. At  the  expiration  of  his  term  of  office  he  shall  file 
with  the  county  clerk  a  similar  sworn  statement,  covering  the 
time  from  the  close  of  his  last  regular  series  of  examinations 
to  the  close  of  his  term,  and  shall  embody  in  such  statement 
a  summary,  giving  the  number  of  persons  in  each  of  the  three 
classes  herein  named  and  of  all  the  persons  so  reported  by  him 
to  the  county  clerk  during  his  term  of  office,  the  amount  of  f ees 
received  by  him  during  his  term  of  office,  the  amount  paid 
out  by  him  and  the  amount  remaining  in  his  hands.  He  shall 
pay  over  to  his  successor  in  office  all  moneys  thus  remaining 
in  his  hands  at  the  expiration  of  his  term  of  office. 

Record  of  payments.  SECTION  4617&.  All  moneys  collected 
by  the  county  superintendent  under  the  provisions  of  this  sec- 
tion shall  be  paid  out  each  year  for  the  purposes  specified  in 
section  461/  and  for  no  other  purposes.  Each  payment  shall 
be  entered  in  a  book  kept  by  the  county  superintendent  for 
that  purpose,  wh^ch  shall  be  open  to  public  inspection  and  be 
by  him  delivered  to  his  successor  in  office,  and  shall  be  accom- 
panied by  a  statement  of  the  name  of  the  person  to  whom  the 
payment  is  made  and  the  character  of  the  service  rendered  or 
material  furnished. 

Institute  instructors.  SECTION  46 \i.  ISTo  money  shall  be 
paid  for  services  rendered  as  an  instructor  in  any  institute  to 


THE   COUNTY    SUPERINTENDENT.  33 

any  person  unless  lie  holds  a  certificate  signed  by  the  state  su- 
perintendent certifying  that  the  committee  on  institutes  of  the 
board  of  regents  of  normal  schools  approves  of  said  person  as 
a  competent  institute  instructor.  Nor  shall  any  person  be  em- 
ployed by  any  county  superintendent  as  institute  conductor 
or  lecturer  who  is  engaged  in  publishing  text-books  or  dealing 
in  school  supplies,  or  who  is  an  agent  or  employee  of  any  indi- 
vidual or  company  thus  engaged,  or  who  is  proprietor  or  man 
ager  of  or  in  any  way  pecuniarily  interested  in  any  teachers' 
employment  agency  or  bureau;  nor  shall  the  committee  on 
teachers'  institutes  of  the  board  of  regents  of  normal  schools 
approve  of  any  such  person  for  service  in  institutes  provided 
for  in  section  46 I/,  nor  shall  any  such  person  be  employed  as 
instructor  or  lecturer  in  any  institute  supported  in  whole  or 
in  part  by  the  state. 

Superintendent's  bond.  SECTION  461;.  The  county  board 
shall  require  the  county  superintendent  to  give  bonds  with 
good  and  sufficient  sureties  for  the  proper  performance  of  the 
duties  prescribed  by  the  four  preceding  sections,  and  in  an 
amount  which  shall  not  be  less  than  twice  the  amount  likely  to 
be  collected  and  disbursed  by  him  annually  under  this  section. 

Superintendent's  duty  as  to  deaf  and  blind  children.  SECTION 
461fc.  It  shall  be  the  duty  of  each  county  and  city  superin- 
tendent of  schools  to  send  to  the  superintendent  of  the  state 
school  for  the  deaf  at  Delavan  and  to  the  superintendent  of  the 
state  school  for  the  blind  at  Janesville  the  address  of  parents 
with  the  name  and  age  of  each  deaf  or  blind  child  known  to 
be  in  his  county  or  city,  and  to  inform  parents,  guardians  and 
custodians  of  deaf  mutes  and  blind  children  in  his  county  or 
city  respecting  the  several  schools  for  deaf  mutes  and  the  blind 
in  the  state  and  the  conditions  of  admission  to  them;  and  for 
this  purpose  the  superintendents  of  such  institutions  shall  pro- 
vide each  such  superintendent  with  sufficient  printed  informa- 
tion and  wd'th  the  names  and  residences  of  all  deaf  mutes  .and 
blind  children  known  to  be  in  his  county  or  city.  And  each 
such  superintendent  shall  include  in  his  annual  report  to  the 
county  board  of  supervisors  or  the  city  board  of  education  a 
statement  of  the  number  of  deaf  mutes  and  of  blind  children 
of  school  age  in  such  county  or  city  then  receiving  an  educa- 
tion, or  the  number  of  each  not  receiving  an  education,  and 


84  SCHOOL  LAWS   OF  WISCONSIN. 

of  the  number  of  personal  visits  lie  has  made  during  the  year 
upon  the  parents,  guardians  or  custodians  of  such  children  to 
induce  them  to  give  such  children  a  proper  education. 

Examination  for  superintendent's  certificates.  SECTION  461L 
The  hoard  of  examiners  for  state  certificates  shall,  at  the  time 
of  holding  the  regular  examinations  provided  for  by  law,  ex- 
amine all  applicants  for  the  county  superintendent's  certificate 
herein  provided  for,  upon  the  branches  upon  which  examina- 
tion is  now  required  for  a  first-grade  county  certificate,  and 
also  upon  school  law  and  the  organization,  management  and 
supervision  of  district  schools.  Such  board  shall,  in  addition 
to  the  examination  provided  for  by  law,  hold  in  the  month 
of  July  in  each  year  three  such  examinations  simultaneously 
at  three  different  points  in  the  state,  to  be  de'termined  by  the 
state  superintendent,  which  shall  be  chosen  with  reference  to 
the  accommodation  of  applicants  in  different  parts  of  the  state. 
Each  of  the  three  examinations  shall  be  held  under  the  super- 
vision of  a  member  of  the  board  of  examiners,  but  the  scope 
and  character  of  the  examination  shall  be  previously  'deter- 
mined by  the  board  of  examiners  and  the  state  superintend- 
ent. Printed  questions  shall  be  prepared  on  each  subject  upon 
which  the  applicant  is  required  to  be  examined,  and  the  board 
of  examiners  shall  examine  the  papers  written  by  applicants 
and  file  all  papers  so  written  in  the  office  of  the  state  superin- 
tendent. All  persons  passing  such  examination  to  the  satisfac- 
tion of  such  board,  and  who  shall  furnish  satisfactory  testimo- 
nials of  moral  character  to  the  board,  shall,  upon  its  recom- 
mendation, receive  from  the  state  superintendent  the  county 
superintendent's  certificate,  which,  together  with  the  eight 
months'  experience  in  teaching  in  the  public  schools  provided 
for  in  section  702a,  shall  constitute  a  legal  qualification  to  hold 
the  office  of  county  superintendent  of  schools.  It  shall  also 
legallv  qualify  the  holder  to  teach  in  any  public  school  in  the 
state  for  which  a  first-grade  county  certificate  is  a  le^al  qualifi- 
cation. Such  certificate  shall  remain  in  force  until  revoked 
by  the  state  superintendent  according  to  law.  The  provisions 
of  law  for  payment  of  expenses  and  per  diem  of  members  of 
the  board  of  examiners  while  conducting  examinations  for  state 
certificates  shall  extend  to  the  examinations  herein  provided 
for. 

The   certificate   provided   for   by   this   section,   together   with    eight 
months'  successful  experience  in  teaching,  constitutes  a  legal  qualifi- 


THE   COUNTY   SUPERINTENDENT.  £5 

cation  to  hold  the  office  of  county  superintendent.  It  also  legally 
qualifies  the  holder  to  teach  in  any  public  school  of  the  state  for  which 
a  first  grade  county  certificate  is  now  a  legal  qualification,  and  remains 
in  force  during  the  life  of  the  holder,  unless  sooner  revoked  by  the 
state  superintendent.  See  comment  under  section  702a. 

An  applicant  for  the  county  superintendent's  certificate  will  be  per- 
mitted to  begin  his  examination  at  any  regularly  appointed  meeting, 
but  must  complete  it  before  the  corresponding  examination  in  the  en- 
suing year.  Within  the  time  herein  fixed,  re-examination  will  not  be 
required  upon  branches  in  which  a  satisfactory  standing  has  been  at- 
tained. 

Satisfactory  written  testimonials  of  moral  character  must  be  fur- 
nished to  the  examiners  at  the  time  of  the  first  examination. 


SCHOOL  LAWS  OF  WISCONSIN. 


V.-EEPORTS. 


Report  of  district  clerk.  SECTION  462.  It  shall  be  the  duty 
of  the  district  clerk,  between  the  tenth  and  fifteenth  days  of 
July  in  each  year,  to  make  and  transmit  to  the  town,  city  or 
village  clerk  a  written  report,  dated  on  the. tenth  day  of  July 
of  such  year,  signed  by  him  and  verified  by  his  affidavit, 
showing : 

First.  The  number,  names  and  ages  of  children,  male  and 
female  designated  separately,  over  the  age  of  four  and  under 
the  age.  of  twenty  years  residing  in  the  district,  and  the  names 
of  their  parents,  guardians  or  other  persons  with  whom  such 
children  resided,  respectively,  on  the  last  day  of  June  preced- 
ing. But  no  such  children  residing  in,  held  or  cared  for  at 
any  charitable  or  penal  institution  of  this  state  shall  be  included 
in  such  enumeration  or  report;  and  whenever  the  state  super- 
intendent shall  receive  information  that  any  such  children 
have  been  enumerated  in  the  school  census  of  any  school  dis- 
trict included  in  the  reports  made  to  him,  on  the  basis  of  which 
apportionment  of  money  from  the  school  fund  income  is  made, 
he  may  require  from  the  district  clerk  or  the  secretary  of  the 
board  of  education  of  said  district  a  verified  statement  of  the 
whole  number  of  children  of  school  age  residing  in  the  district 
not  excluded  by  the  provisions  of  this  section,  in  such  form  and 
manner  as  the  said  superintendent  may  prescribe.  Unless  the 
certificate  herein  provided  for  shall  be  made  no  money  shall 
be  apportioned  for  the  benefit  of  said  school  district. 

Second.  The  whole  number  of  children,  males  and  females 
designated  separately,  between  the  ages  of  four  and  twenty 
years  taught  in  the  district  school  during  the  year  for  which 
such  report  as  made  by  teachers  duly  qualified. 

Third.  The  number  attending  school  during  the  year  under 
the  age  of  four  and  the  number  over  the  age  of  twenty  years. 

Fourth.     The  whole  time,  in  days,  any  common  school  has 


been  taught  in  the  district,  including  holidays,  and  the  whole 
number  of  days  such  school  has  been  taught  by  teachers  quali- 
iiecl  according  to  law,  including  holidays,  and  the  days  the 
teachers  may  nave  attended  an  institute  during  the  year  while 
the  school  was  in  session  for  which  no  deduction  in  wages  waa 
made  by  the  district  board. 

±  if tn.  1  he  names  of  all  teachers  employed  during  the  yeai^ 
the  number  of  days  taught  by  each,  including  holidays,  and 
the  monthly  wages  paid  to  each,  and  the  time  allowed 
any  teacher  for  attendance  on  any  institute  for  which  no  wages 
were  deducted. 

Sixth.  The  amount  of  money  received  from  tbe  town  treas- 
urer during  the  year,  designating  separately  the  amount  re- 
ceived from  apportionment  of  the  school  lund  income,  the 
amount  received  from  tax  levied  by  county  board  of  supervis- 
ors, the  amount  received  from  tax  voted  by  the  district,  and 
the  amount  received  from  all  other  sources  during  the  year, 
and  the  manner  in  which  the  same  has  -been  expended,  showing 
separately  the  expenditure  of  school  money  received  from  the 
state. 

Seventh.  Such  other  facts  and  statistics  in  relation  to  the 
schools,  public  or  private,  in  such  district  as  the  state  superin- 
tendent may  from  time  to  time  require.  The  clerk  of  each 
joint  school  district  shall  report  to  the  town  clerk  of  each  town 
a  part  of  which  is  embraced  in  such  district  the  number  of 
children  residing  in  such  part  in  the  manner  set  forth  in  this 
section,  and  the  remainder  of  the  items  specified  in  this  section 
shall  be  embraced  in  the  report  made  to  the  town  in  which  the 
school-house  is  situated.  He  shall  also  report  the  amount  of  the 
indebtedness  of  the  district. 

Same  subject.  SECTION  462a.  In  addition  to  the  duties  of 
the  clerks  of  the  several  school  districts  of  this  state  relating 
to  the  taking  of  the  census  of  the  school  children  as  now  pro- 
vided by  law,  the  said  clerks  shall  also  report  the  names  of  the 
children  in  their  respective  districts  and  the  age  of  each  of  them 
over  the  age  of  four  and  under  the  age  of  twenty  years.  Such 
clerks  shall  also  report  the  amount  of  the  indebtedness  of  their 
respective  districts. 

Careful  attention  should  be  given  to  the  provisions  of  this  law.  The 
annual  report  of  the  district  clerk  to  the  town  clerk  is  of  special  im- 
portance, as  it  forms  the  basis  upon  which  all  public  money  is  appor- 
tioned and  also  furnishes  the  information  that  guides  the  legislature 
in  subsequent  enactments. 


gg  SCHOOL  LAWS   OF  WISCONSIN. 

For  the  purpose  of  securing  accurate  and  complete  information, 
blanks  are  prepared  by  the  state  superintendent  and  are  transmitted 
to  district  clerks  through  town  clerks.  Specific  instructions  are 
printed  on  these  blanks  to  aid  in  collecting  and  reporting  the  required 
items.  A  thorough  study  of  them  should  be  made  in  connection  with 
the  provisions  of  this  law  prior  to  making  the  report.  No  effort  should 
be  spared  to  obtain  and  report  every  item  for  which  the  blanks  pro- 
vide. 

The  law  requires  the  name  and  age  of  each  child  who  has  passed  the 
fourth  anniversary  of  his  birthday,  and  has  not  reached  the  twen- 
tieth, to  be  reported;  also  the  names  of  their  parents,  guardians  or 
other  persons  with  whom  they  resided  on  the  last  day  of  June  pre- 
ceding. These  are  items  that  can  be  obtained  with  certainty  only  by 
a  visit  to  each  family  in  the  district.  The  law  requires  the  clerk  to 
take  the  census  in  this  manner.  In  the  enumeration  of  children  mere 
boarders  or  lodgers  are  not  to  be  included;  but  persons  who  devote 
a  part  of  their  time  to  service  to  pay  for  their  board  and  lodging  while 
the  rest  is  spent  in  attendance  at  school,  and  who  have  no  other  legal 
residence,  are  considered  members  of  the  families  with  which  the> 
reside.  Children  of  school  age  who  may  be  employed  for  a  limited 
time  in  one  district  and  whose  parents  reside  in  another  district  are 
to  be  included  in  the  census  of  the  district  in  which  their  parents  re- 
side. Care  should  be  taken  that  the  same  children  are  not  enumerated 
in  two  districts.  (See  comments  on  sections  428  and  430.) 

The  clerk  of  a  joint  school  district  must  report  in  the  manner  above 
stated  the  number  of  children  of  school  age  residing  in  each  part  of  his 
district,  to  the  town  clerk  of  the  town  in  which  such  part  is  situated. 
A  partial  report  blank  is  furnished  for  this  purpose.  To  avoid  report- 
ing the  same  child  to  more  than  one  town  clerk,  the  census  of  each 
part  of  a  joint  district  should  be  taken  upon  a  separate  blank  which, 
when  completed,  should  be  sent  to  the  clerk  of  the  town  in  which 
such  part  of  the  district  lies.  In  no  instance  should  the  whole  number 
of  children  in  a  joint  school  district  be  reported  to  any  one  of  the 
town  clerks  to  whom  a  report  is  made. 

Several  items  are  required  for  the  annual  report,  which  are  to  be 
obtained  from  the  school  register,  among  which  are  the  number  of 
children  that  have  attended  school  during  the  year,  the  whole  number 
of  days  .school  was  taught  by  a  legally  qualified  teacher,  the  whole  num- 
ber of  days  of  attendance  of  pupils  at  school,  etc.  To  facilitate  the 
work  of  making  the  annual  report,  clerks  should  see  that  the  register 
is  properly  kept  and  the  footings  made  at  the  close  of  the  term.  Section 
460  provides  a  remedy,  a  resort  to  which  may  be  had  in  case  the  teacher 
refuses  to  perform  his  duty. 

The  clerk's  annual  report  must  contain  an  exact  summary  of  the 
financial  report  which  section  444  requires  the  treasurer  to  make  at 
the  annual  meeting.  This  report  includes  all  items  of  receipts  and 
all  items  of  expenditures  made  during  the  year  ending  on  the  thirtieth 
day  of  June  preceding.  The  proper  test  of  its  correctness  consists  in 
comparing  the  sum  of  the  items  of  receipts  with  the  sum  of  the  items 
of  expenditures.  Their  difference  should  equal  the  amount  of  money 
on  hand  on  the  date  mentioned  above.  Unless  this  is  true,  the  state- 
ment is  wrong,  and  should  be  corrected  before  transferring  it  to  the 
report  blank. 

Reports  should  be  in  the  hands  of  town  clerks  as  early  as  the  fif- 
teenth of  July.  Any  failure  to  make  the  report  within  the  time  speci- 
fied, results  in  great  inconvenience  to  the  officers  through  whose  hands 
it  must  pass,  and  subjects  the  school  district  to  the  risk  of  forfeiture 


REPORTS.  89 

of  its  claim  to  public  money.  When  the  failure  to  comply  with  the 
requirements  of  the  law  relating  to  the  annual  report  is  due  to  wilful 
neglect  of  the  clerk,  he  becomes  personally  liable  to  the  district  for 
the  loss  suffered  in  consequence  of  his  neglect.  (See  section  498.) 

To  entitle  a  district  to  share  in  the  apportionment  of  the  school 
fund  income,  it  must^be  shown  that  at  least  seven  months'  school,  of 
twenty  days  each,  taught  by  a  legally  r^alified  teacher,  was  maintained 
during  the  preceding  year.  Legal  holidays  are  included.  These  are 
New  Year's  day,  the  twenty-second  of  February,  the  thirtieth  of  May, 
the  fourth  of  July,  the  day  of  general  (fall)  election,  Christmas  day, 
and  thanksgiving  days  appointed  by  national  or  state  authorities.  Sec- 
tion 2577,  W.  S.,  provides  that  whenever  a  legal  holiday  falls  upon 
Sunday,  the  succeeding  Monday  is  a  legal  holiday.  When  a  legal  holi- 
day occurs  on  Saturday  or  during  vacation,  it  cannot  be  counted  as  a 
day  taught.  (See  comment  on  section  459.) 

Town  clerk's  report.  SECTION  463.  Each  town  clerk  shall, 
on  or  before  the  first  day  of  August  in  each  year,  make  and 
transmit  to  the  county  superintendent  of  the  county  or  district 
in  which  his  town  is  situated  a  report  bearing  date  on  the  tenth 
day  of  said  month,  stating : 

1.  The  whole  number  of  school  districts  separately  set  off 
within  the  town,  and  the  number  of  parts  of  joint  districts  in 
which  the  school  houses  belonging  thereto  are  located  in  his 
town. 

2.  The  districts  and  parts  of  districts  from  which  reports 
shall  have  been  made  within  the  time  limited  for  that  purpose. 

3.  The  length  of  time  a  school  shall  have  been  taught  in  each 
such  district  or  parts  of  districts. 

4.  The  amount  of  public  money  received  in  each. 

5.  The  number  of  children  taught  in  each  and  the  number 
of  children  over  the  age  of  four  and  under  the  age  of  twenty 
years  residing  in  each. 

6.  The  whole  amount  of  money  received  in  the  town  for 
school  purposes  since  the  date  of  the  last  preceding  report,  set- 
ting   forth    separately    the    amount    received    from    the    state 
through  the  county  treasurer,  the  amount  levied  by  the  county 
board,  the  amount  raised  by  the  town  at  its  annual  meeting 
in  towns  where  the  township  system  of  school  government  has 
been  adopted. 

7.  The  amount  of  money  raised  by  district  tax  for  school 
purposes. 

8.  The  manner  in  which  said  moneys  have  been  expended 
and  whether  any  and  what  part  remains  unexpended,  with  such 
other  information  as  the  state  superintendent  may  require  and 
as  may  be  reported  to  him  by  the  district  clerks. 

Blank  reports,  prepared  by  the  state  superintendent,  are  annually 


hQ  SCHOOL  LAWS  OF 

sent  to  town  clerks.     Such  instructions  as  are  needed  always  accom- 
pany tne  Dianks. 

AH  tovvns  wnich  have  adopted  the  "township  system  of  school  gov- 
ernment,' me  report  requneu  in  tne  roregomg  section  wm  oe  nictae 
uy  me  -secretary  01  tne  town  uoara  01  senooi  directors,  as  provided 
in  section  'o6i  01  the  Wisconsin  statutes,  upon  tne  same  uianKs  as  are 
u&eu  uy  town  ciei'Ka  in  otner  towns."  * 


Superintendent's  report.  SECTION  464.  Each  county  super- 
intendent shall,  on  or  before  the  hlteenth  day  ol  August  in  each 
year,  make  and.  transmit  to  the  state  superintendent  a  report 
in  writing,  setting  forth  the  whole  number  of  towns  in  his  dis- 
trict, distinguishing  those  from  which  the  required  reports  have 
been  made  'to  him  by  the  town  clerks,  and  containing  an  ab- 
stract of  their  reports,  and  also  embracing  an  abstract  of  the 
annual  report  of  tne  secretary  of  each  free  high  school  in  such 
district  and  of  each  secretary  of  town  board  01  school  directors 
of  towns  having  the  township  system  of  school  government, 
and  of  the  eler*.  of  each  incorporated  village  and  city  under 
his  supervision,  .hach  county  superintendent  shall  also,  within 
the  time  above  mentioned,  make  and  deliver  to  the  county 
clerk  and  to  the  county  treasurer  a  written  statement  of  the 
whole  number  of  children  in  each  town,  village  and  city  under 
his  supervision  over  the  age  of  four  and  under  the  age  of 
twenty  years  returned  from  the  districts  which  have  maintained 
schools  for  six  [seven]  or  more  months  during  the  past  year 
as  appears  from  the  reports  of  town  clerks. 

The  county  superintendent  must  now  make  his  annual  report  by 
August  15.  All  necessary  instructions  accompany  the  blanks  annually 
furnished  to  county  superintendents  from  the  omce  of  the  state  super- 
intendent. The  greatest  care  snould  be  exercised  in  making  the  an- 
nual report  required  by  section  464,  for  it  is  upon  this  that  the  annual 
apportionment  is  made. 

Reports  from  cities  and  villages.  SECTION  465.  The  clerk  of 
each  city  and  village  or  the  clerk  of  the  board  of  education  of 
each  city  and  village  under  the  jurisdiction  of  the  county 
superintendent  shall,  within  the  time  prescribed,  make  and 
transmit  to  him  the  reports  required  by  section  463;  and  in 
all  cities  having  a  superintendent  of  "schools  and  which  are  not 
under  the  jurisdiction  of  a  county  superintendent,  such  super- 
intendent of  schools  shall  make  the  annual  report  required  by 
said  section  directly  to  the  state  superintendent;  and  in  such 
cities  having  no  superintendent  of  schools  such  report  shall  be 
made  by  the  clerk  of  the  board  of  education  thereof. 

The  clerks  of  cities  (under  county  superintendents)  and  of  villages 


tise  the  same  blanks  as  town  clerks,  and  receive  the  reports  of  the 
district  clerk  or  clerks. 

Blanks  and  amendments  to  laws.  SECTION  466.  The  state 
superintendent  shall,  on  or  before  the  first  day  of  June  in  each 
year,  furnish  to  each  clerk,  superintendent  or  other  officer  by 
whom  -a  report  should  be  made,  blank  forms  upon  which  such 
officers  shall  make  their  annual  reports;  and  whenever  any 
amendments  shall  be  made  to  the  provisions  of  this  chapter  he 
shall  furnish  a  copy  of  such  amendments  to  every  school  district 
in  the  state. 


92  SCHOOL  LAWS  OF  WISCONSIN. 


VI -DUTIES  OF  TOWN  OFFICERS  AS  TO 
PUBLIC  INSTRUCTION, 


Clerk's  duties.     SECTION  467.     It  shall  be  the  duty  of  the 
town  clerk: 

1.  To  report  to  the  county  superintendent  within  ten  days 
after  his  election  or  appointment  his  name  and  postoffice  ad- 
dress, and  likewise  the  name  and  postoffice  address  of  each  dis- 
trict clerk  within  ten  days  after  tbe  same  are  filed  in  his  office. 

See  Form  No.  28. 

2.  To  see  that  the  annual  reports  of  the  several  district  clerks 
are  made  correctly  and  in  due  form;  to  file  and  safely  keep  all 
reports  whatsoever  made  to  him  and  all  orders  and  notices  of 
the  town  board  relative  to  any  school  district. 

3.  To  record  such  description  of  school  districts,  and  such 
orders   concerning   the   organization,    alteration    or   dissolution 
thereof  as  shall  be  made  by  the  town  board. 

4.  To  make  and  keep  in  his  office  a  map  of  the  town,  show- 
ing the  exact  boundaries  of  all  the  school  districts  therein  as 
appear  from  the  records  on  file,  and  when  a  new  district  ia 
f ormed  to  make  and  furnish  a  map  thereof  to  the  district  clerk. 

5.  To  apportion  the  school  money  collected  by  the  town  and 
that  received  from  tLve  state  for  the  several  school  districts  of 
the  town  on  the  third  Monday  of  March  each  year,  or  as  soon 
as  the  same  shall  be  collected  or  received  by  the  town  treasurer, 
to  the  several  districts  and  parts  of  districts  within  the  town  as 
provided  in  these  statutes. 

See  Form  No.  27. 

Further  duties  of  the  town  clerk  in  regard  to  the  apportionment  of 
school  money  will  be  found  in  sections  558  and  559. 


DUTIES  OF  TOWN  OFFICERS.  93 

Treasurer's  duties.  SECTION  468.  It  shall  be  the  duty  of  the 
town  treasurer: 

1.  To  apply  for  and  receive  from  the  county  treasurer  all 
tnoneys  apportioned  for  the  use  of  common  schools  in  his  town 
and  to  pay  the  same  together  with  all  moneys  collected  in  the 
town  for  the  support  of  the  schools,  to  the  treasurers  of  the 
districts  entitled  to  receive  them  upon  the  order  or  apportion- 
ment of  the  town  clerk. 

2.  To  pay  to  the  district  treasurer  on  demand  all  school  dis- 
trict taxes  raised  in  each  district  and  collected  by  him,  and  the 
amount  of  all  school  district  taxes  returned  to  the  county  treas- 
urer of  his  county  as  delinquent,  whenever  the  same  shall  have 
been  paid  to  him  by  said  county  treasurer  or  whenever  he  shall 
receive  credit  from  the  county  treasurer  for  such  delinquent  tax 
or  any  part  thereof  on  account  of  any  demand  or  claim  due 
from  such  town  to  such  county. 

3.  On  or  before, the  second  Monday  of  March  in  each  yeal 
to  certify  to  the  town  clerk  the  amount  of  school  money  in  his 
hands  to  fce  apportioned  by  said  clerk,  and  immediately  upon 
the  receipt  of  any  money  from  the  school  fund  income  to  cer- 
tify the  same  to  the  said  clerk  for  apportionment. 

(Sub-division  4,  Sec.  468,  Statutes  of  1898,  as  amended  by 
Chap.  119,  Laws  of  1901.)  On  the  second  Monday  in  June 
in  each  year  to  make  and  forward  to  the  clerk  of  each  school 
district  in  whole  or  in  part  in  his  own  town  a  certified  state- 
ment of  the  amount  of  money  paid  by  the  town  treasurer  dur- 
ing the  year  next  preceding  to  such  district  treasurer,  specify- 
ing the  date  and  amount  of  and  the  account  upon  which  each 
such  payment  was  made.  /.^ 

5.  If  the  county  treasurer  shall  ne^toct  or  refuse  to  pay  over 
the  school  money  which  by  law  should,  be  paid  to  the  town 
treasurer,  he  shall  commence  and  prosecute  an  action  on  the 
official  bond  of  such  county  treasurer  for  the  recovery  of  such 
money. 

The  town  treasurer  will  hold,  subject  to  the  order  of  the  several 
district  treasurers  of  his  town,  all  district  taxes  collected  by  him. 
Also,  all  money  raised  by  taxes  levied  upon  the  town  by  the  county 
board  of  supervisors,  and  all  money  raised  by  the  town  in  addition 
thereto,  and  pay  the  same  over  to  the  several  district  treasurers,  ac- 
cording to  the  apportionment  made  by  the  town  clerk  under  the  law. 
He  will  also  receive  from  the  county  treasurer  the  amount  apportioned 
by  the  state  superintendent  to  his  town,  out  of  the  Income  of  the 
school  fund,  and  pay  the  same  over  to  the  district  treasurers,  accord- 
ing to  the  apportionment  made  by  the  town  clerk.  The  town  tre°s- 


94  SCHOOL  LAWS   OP  WISCONSIN. 

urer  will  also  receive  all  money  paid  on  account  of  delinquent  taxes, 
and  pay  the  same  over  to  the  proper  district  treasurers.  No  school 
taxes  except  district  taxes  will  be  returned,  if  the  law  is  complied 
with. 

It  is  the  duty  of  the  town  treasurer  to  notify  the  town  clerk  of  any 
money  which  he  holds  subject  to  apportionment  by  said  town  cleric, 
and  to  inform  district  treasurers  promptly  of  any  funds  in  the  town 
treasury  belonging  to  the  respective  districts. 

District  treasurers  are  not  required  to  accept  any  taxes  or  school 
funds  from  the  town  treasurer  in  anything  but  cash. 

The  certificate  required  to  be  made  on  or  before  the  second  Monday 
in  March,  in  each  year,  must  state  specifically  the  several  amounts  re- 
ceived from  town  and  county  tax,  and  the  amount  of  income  unappor- 
tioned  whicn  remains  in  the  town  treasury;  it  must  also  include  any 
money  apportioned  the  previous  year,  which  has  not  been  paid  over  to 
the  district  treasurers.  Reference  is  here  made  to  section  557. 

The  purpose  of  the  certified  statement  to  the  district  clerk  of  the 
amount  of  money  paid  by  the  town  treasurer  during  the  year  next 
preceding,  to  the  district  treasurer,  is  to  give  the  district  clerk  the 
data  upon  which  settlement  with  the  district  treasurer  can  be  made 
in  time  for  report  at  the  annual  meeting.  As  the  annual  meetings  are 
now  held  on  the  first  Monday  in  July,  the  statement  should  be  fur- 
nished earlier  as  the  law  now  demands.  » 


DISTRICT  TAXES.  95 


VII -ASSESSMENT  AND  COLLECTION  OF 
DISTRICT  TAXES 


Assessment.  SECTION  469.  All  school  district  taxes,  unless 
otherwise  specially  provided  by  law,  shall  be  assessed  on  the 
same  kinds  of  property  as  taxes  for  town  and  county  purposes, 
and  all  personal  property  which,  on  account  of  its  location  or 
the  residence  of  its  owner,  is  taxable  in  the  town  shall,  if  such 
locality  or  residence  be  in  the  school  district,  be  likewise  taxa- 
ble for  school  district  purposes. 

Valuation  of  realty.  SECTION  470.  Whenever  any  real  es- 
tate in  any  school  district  shall  not  have  been  separately  valued 
in  the  assessment  roll  of  the  town,  and  the  valuation  of  such  real 
estate  cannot  be  definitely  ascertained  from  such  assessment 
roll,  the  town  clerk  shall  estimate  the  value  of  the  same  in  pro- 
portion to  the  valuation  affixed  in  said  assessment  roll  to  'the 
whole  tract  of  which  such  lot  or  piece  of  land  forms  a  part. 

Assessments  in  joint  districts.  SECTION  471.  In  case  of  a 
joint  district  the  assessors  of  the  town,  city  or  village  in  part 
embraced  therein  shall  meet  at  the  district  school-house  on  or 
before  the  Saturday  next  preceding  the  time  fixed  for  the  return 
of  the  assesment  rolls,  and  shall  then  compare  the  valuation 
of  taxable  property  in  the  several  parts  of  such  district  sepa- 
rated by  town  lines,  and  determine  whether  the  relative  valua- 
tion be  just  or  not;  if  considered  unjust  they  shall  then  deter- 
mine the  relative  proportion  of  district  taxes  to  be  assessed  upon 
the  several  parts.  If  they  cannot  agree  upon  either  of  said  mat- 
ters they  shall  call  to  their  aid  the  supervisors,  trustees  or  al- 
dermen of  the  several  towns,  city  or  village  so  in  part  embraced; 
if  the  assessors  and  supervisors  cannot  determine  the  question 
they  shall  call  to  their  aid  the  chairman  of  an  adjoining  town, 
whose  vote  shall  decide  the  controversy.  The  determination 


g(5  SCHOOL  LAWS   OP  WISCONSIN. 

when  made  shall  be  certified  in  writing  to  the  district  clerk.  If 
any  such  officer  shall  refuse  or  neglect  to  act  when  called  on 
as  above  provided  he  shall  forfeit  twenty  dollars. 

Statement  as  to  taxes.  SECTION  472.  Each  district  clerk 
shall,  on  or  before  the  third  Monday  of  November  in  each  year, 
deliver  to  the  town  clerk  a  statement  in  writing,  verified  by  his 
affidavit,  showing  the  amount  of  taxes  voted  to  be  raised  at  the 
last  annual  meeting  or  at  the  first  meeting  after  the  organiza- 
tion of  the  district,  or  bo'th,  as  the  case  may  require,  and  all 
of  the  taxes  voted  at  any  special  meeting  held  during  the  then 
next  preceding  year,  and  also  the  amount  of  tax  therefor  voted 
to  be  collected  in  such  year,  if  any,  for  the  annual  payment 
of  any  loan,  and  also  the  amount  to  be  paid  by  such  district, 
if  any,  under  the  provisions  of  section  421.  In  case  of  a  joint 
district  he  shall  deliver  'to  the  clerk  of  each  town,  city  or  village 
in  which  any  part  of  the  district  is  situated  a  statement  so  veri- 
fied showing  the  proportion  of  such  taxes  to  be  assessed  in  that 
part  of  the  district  within  such  town.  If  such  proportion  shall 
not  have  been  determined  as  provided  in  the  last  preceding  sec- 
tion it  shall  be  ascertained  from  the  valuation  contained  in  the 
last  assessment  rolls  of  the  respective  towns,  city  or  village; 
and  to  that  end  the  clerk  of  each  such  municipality  shall,  on 
or  before  the  last  Monday  in  September  in  each  year,  deliver 
to  the  district  clerk  a  certified  statement  of  the  valuation  of  the 
real  and  personal  property  in  that  part  of  such  district  lying 
therein  as  the  same  appears  from  said  assessment  roll. 

See  Forms  Nos.  30  and  31. 

Assessment  by  town  clerk.  SECTION  473.  'The  town  clerk 
shall  assess  the  taxes  so  certified  upon  the  property  liable  there- 
to, placing  the  same  in  a  separate  column  in  ,the  next  tax  roll 
of  his  town,  whenever  so  certified,  before  he  shall  have  delivered 
the  roll  to  the  town  treasurer  for  collection,  although  after  the 
third  Monday  of  November;  if  any  such  shall  not  be  assessed 
in  the  next  tax  roll  after  being  voted  it  shall  be  assessed  in 
that  of  the  next  succeeding  year.  Such  taxes  shall  be  collected 
or  returned  delinquent  by  the  town  treasurer  and  collected  by 
the  county  treasurer  in  all  respects  like  other  taxes. 

Upon  the  delivery  to  him  of  such  statement,  the  town  clerk  should 
give  the  district  clerk  a  certificate  that  he  has  received  the  same,  stat- 
ing the  amount  of  the  tax,  and  the  time  when  received,  which  certifi- 
cate should  be  filed  in  the  office  of  the  district  clerk. 


DISTRICT  TAXES.  97 

It  will  be  noticed  that  this  statute  makes  it  the  duty  of  assessors 
to  meet  and  make  th«  equalization  without  notice  or  demand  on  the 
part  of  any  other  officer.  Assessors  should  try  to  arrange  for  such 
meeting  by  agreement,  if  possible;  otherwise  each  assessor  should  be 
at  the  district  school  house  (the  place  of  meeting  designated  by  the 
statute)  on  "the  Saturday  next  preceding  the  time  fixed  for  the  re- 
turn of  the  assessment  rolls,"  first  giving  each  other  assessor  due 
notice  to  be  present  on  that  day.  The  law  contemplates  that  in  joint 
school  districts  the  district  taxes  shall  be  apportioned  between  the 
several  parts  of  the  -district  lying  in  different  towns,  not  on  the  basis 
of  valuations  fixed  by  the  assessors  of  such  several  parts,  but  on  the 
basis  of  the  equitable  relative  valuation  of  such  several  parts,  to  be 
ascertained  and  determined  by  the  assessors  in  joint  meeting  as  di- 
rected in  said  section  471.  Frequent  complaints  are  made  of  injustice 
between  different  parts  of  joint  districts,  where  the  assessment  in  one 
town  was  on  a  higher  or  lower  percentage  of  true  value  than  in  the 
other  town  or  towns  into  which  the  district  extended,  such  injustice 
resulting  from  a  failure  on  the  part  of  assessors  to  meet  and  make 
the  equalization  as  required  by  the  statute. .  This  subject  should  be 
made  a  matter  for  special  mention  on  the  part  of  the  assessors  of  towns 
having  joint  school  districts. 


98  SCHOOL  LAWS   OF  WISCONSIN. 


VIII -BORROWING'  MONEY. 


When;  security.  SECTION  474.  Whenever  upon  any  un- 
usual exigency  any  school  district  shall,  before  the  annual 
meeting,  vote  a  special  tax  to  be  collected  with  the  next  levy, 
the  district  may  by  vote  authorize  the  district  board  to  borrow, 
for  a  period  not  exceeding  one  year,  a  sum  not  exceeding  the 
amount  of  such  tax,  and  by  such  Vote  set  apart  such  tax  when 
collected  to  repay  such  loan;  and  thereupon  the  district  board 
may  borrow  such  money  of  any  person,  and  on  such  terms, 
and  execute  and  deliver  to  the  lender  such  obligation  therefor 
and  such  security  for  the  repayment,  including  a  mortgage  or 
pledge  of  any  real  or  personal  property  of  the  district,  subject 
to  the  directions  contained  in  the  vote  of  the  district,  as  may 
be  agreed  upon  and  not  prohibited  by  law. 

The  district  may,  at  any  time  before  the  annual  meeting,  upon  any 
unusual  exigency,  vote  a  special  tax  to  be  collected  with  the  next 
levy  (notice  of  such  purpose  being  duly  given,  as  provided  in  section 
427),  and  the  district  may  authorize  the  board  to  borrow  the  same 
amount  for  immediate  use. 

Loan  for  building,  how  authorized.  SECTION  475.  For  the 
purpose  of  aiding  in  the  erection  of  a  school-house  any  school 
district  may,  by  vote  at  any  annual  or  lawfully  called  special 
meeting,  authorize  the  district  board  to  borrow  money.  The 
resolution  to  be  voted  on  shall  be  in  writing,  specifying  the 
amount  to  be  borrowed,  the  rate  of  interest  and  the  time  and 
manner  of  payment,  which  shall  be  in  annual  instalments,  the 
last  of  which,  shall  be  payable  in  not  exceeding  ten  [fifteen] 
years  from  the  first  day  of  February  next  ensuing.  Such  reso- 
lution shall  be  read  to  the  meeting  and  the  vote  taken  thereon 
by  ballot.  The  ballots  shall  be  written  or  printed:  those  in 
favor  of  the  loan,  "for  the  loan;77  those  opposed,  "against  the 
loan.77  The  resolution  and  the  vote  shall  be  recorded,  and,  if 


BORROWING  MONEY.  99 

adopted  by  a  majority,  the  district  iDoard  shall  bs  thereupon 
authorized  to  borrow  such  sum  of  any  person  on  such  terms, 
and  execute  and  deliver  to  the  lender  such  obligation  therefor 
and  such  security  for  payment,  including  a  mortgage  or  pledge 
of  any  real  or  personal  property  of  the  district,  subject  to  the 
direction  contained  in  the  resolution  voted,  as  may  be  agreed 
upon,  not  prohibited  by  la,w,  and  shall  also  levy  a  tax  to  be 
annually  collected  thereafter  sufficieii't  to  pay  the  interest  an- 
nualy  on  such  loan  and  the  annual  instalments  of  the  principal 
provided  to  be  paid  in  each  year. 

Use  of  funds — Vote  final.  SECTION  476.  The  money  bor- 
rowed under  authoritv  of  either  of  the  last  two  preceding  sec- 
tions shall  be  paid  into  the  district  treasury  and  be  expended 
only  for  the  purposes  for  which  it  was  voted  or  borrowed. 
After  any  such  loan  shall  have  been  made  no  -power  shall  ex- 
ist to  rescind  or  reconsider  any  such  vote  or  obstruct  the  col- 
lection of  such  tax;  and  the  district  treasurer  shall  apply  every 
such  tax  when  received  by  him  exclusively  to  the  payment  of 
such  debt  so  far  as  necessary  to  discharge  the  amount  to  which 
such  tax  was  devoted. 

The  special  provisions  of  the  law  as  to  borrowing  money  to  aid  in 
building  a  schoolhouse,  should  be  carefully  examined  and  complied 
with;  likewise  those  contained  in  the  last  preceding  section,  which 
apply  to  both  the  sections  "preceding  it.  Particular  care  should  be 
taken  to  notify  the  electors,  as  provided  in  section  427,  and  every  op- 
portunity should  be  given  for  a  fair  and  full  expression  of  the  will  of 
the  people. 

The  resolution  to  be  voted  on  at  the  meeting  should  be  carefully 
drawn  up,  and  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  the  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  within  twenty  years  (fifteen  years  if  the  money  is  to  be 
borrowed  from  the  state  trust  funds)  of  the  time  of  contracting  the 
debt  must  be  provided  for  by  the  electors  at  the  meeting.  The  district 
board  has  no  authority  to  levy  a  tax  except  as  provided  in  section 
437. 

Loan  to  refund  indebtedness.  SECTION  47 6a.  Any  school 
district  may,  by  vote  at  an  annual  or  special  meeting,  author- 
ize the  district  board  to  borrow  money  for  the  purpose  of  re- 
funding its  indebtedness.  A  written  resolution  shall  be  read 
at  such  meeting  specifying  the  amount  to  be  borrowed,  the  rate 
of  interest  and  the  amount  of  each  instalment  of  principal  and 
time  when  it  shall  be  paid.  The  last  instalment  shall  be  paya 
ble  in  not  exceeding  twenty  years  from  the  time  the  indebted- 
ness was  originally  contracted.  The  vote  on  such  resolution 


100  SCHOOL  LAWS   OF  WISCONSIN. 

shall  be  taken  by  ballot,  and  voters  favoring  its  adoption  shall 
cast  a  ballot  on  which  shall  be  the  words  "for  the  loan/'  those 
opposed  a  ballot  on  which  shall  be  the  words  "against  the  loan." 
If  a  majority  of  the  votes  cast  are  in  favor  of  the  loan,  the  board 
may  borrow  the  specified  amount  on  such  terms  as  may  be 
agreed  upon  conformably  with  such  resolution  and  not  pro- 
hibited by  law,  and  execute  the  bonds  or  other  obligations  of 
the  district  for  such  sum.  The  district  shall  levy  a  tax  to  be 
collected  annually  thereafter  sufficient  to  pay  the  annual  inter- 
est on  such  loan  and  the  instalment  of  the  principal  to  be  paid 
in  any  year.  After  any  such  loan  shall  have  been  made  such 
vote  shall  not  be  rescinded  or  reconsidered,  nor  shall  the  collec- 
tion of  such  tax  be  obstructed,  and  the  tax  when  collected  shall 
be  applied  exclusively  to  the  payment  of  such  indebtedness. 
The  money  so  borrowed  shall  be  paid  to  the  treasurer  and  shall 
be  expended  solely  for  the  purpose  for  which  it  was  borrowed. 

'  This  law  relates  only  to  refunding  loans  previously  made,  not  to 
loans  made  in  the  first  instance  by  school  districts,  and  authorizes  such 
districts  to  extend  the  period  for  twenty  years  during  which  the  loan 
is  to  be  paid. 

Borrowing  money  for  teachers'  wages,  etc.  SECTION  1.  (Chap- 
ter 40,  laws  of  1901.)  Any  school  district  may,  by  vote,  at  any 
annual,  or  lawfully  called  special  meeting,  authorize  the  district 
board  to  borrow  money  for  a  period  not  exceeding  six  months, 
for  the  purpose  of  paying  teachers'  wages  and  usual  school  ex- 
penses, not  exceeding  the  amount  of  district  taxes  voted  for 
such  purposes  at  such  meeting,  to  be  collected  with  the  next 
levy. 

SECTION  2.  Any  district  board,  after  being  so  authorized 
may  borrow  such  money  of  any  person  for  not  exceeding  six 
months,  and  deliver  to  the  lender  thereof  an  order  on  the  dis- 
trict treasurer  for  the  amount  so  borrowed,  payable  on  or  before 
six  months  after  date  thereof  and  drawing  interest  from  date 
thereof  not  exceeding  seven  per  cent,  per  annum. 

This  chapter  will  also  be  found  in  connection  with  section  430,  treat- 
ing of  powers  of  districts. 

(Chapter  342,  Laws  of  1901.)  For  the  purposes  expressed 
in  section  474  of  the  statutes  of  1898  and  chapter  40  of  the  laws 
of  1901,  any  high  school  district  board  is  hereby  authorized  and 
empowered  to  borrow  money  whenever  directed  by  the  electors 
of  such  high  school  district  assembled  at  a  meeting  regularly 


BORROWING  MONEiY.  101 

'   -=•* 

called  and  held  for  that  purpose,  pursuant  to  the  provisions  of 
section  427  of  the  statutes  of  1898.  The  payment  thereof  shall 
be  provided  for  by  said  board  by  a  tax  to  be  raised  and  certified 
as  provided  in  this  section. 

This  chapter  provides  for  a  special  meeting  of  the  electors  of  a 
free  high  school  district  and  gives  them  power  to  authorize  the  high 
school  board  to  borrow  money  to  be  applied  to  carrying  on  the  high 
school  only.  This  chapter  will  also  be  found  'in  that  part  of  this  vol- 
ume treating  of  the  high  school  law. 

School  district  loans.  SECTION  261,  (Statutes  of  1898, 
amended  by  chapter  129,  laws  of  1899,  and  J>y  chapter  123,  laws 
of  1901.)  Every  loan  to  a  school  district  may  be  made  for  such 
time  no'fc  exceeding  fifteen  years,  and  of  such  amount  as  to- 
gether with  all  other  indebtedness  of  such  district,  shall  not  ex- 
ceed five  per  centum  of  the  last  preceding  assessed  valuation  of 
the  real  property  in  such  district,  and  not  exceeding  in  any  case 
twenty-five  thousand  dollars,  as  may  be  agreed  upon;  the  prin- 
cip'al  shall  be  payable  in  equal  annual  instalments  from  a  time 
fixed  by  said  commissioners,  with  interest  at  the  uniform  rate  of 
three  and  one-half  per  cen'tum  per  annum,  payable  annually. 
ISTo  such  loan  shall  be  made  until  proof  be  filed  in  the  office  of 
said  commissioners  of  the  complete  performance  on  the  part  of 
such  district  of  each  and  every  act  hereinafter  required  to  pre- 
cede the  same. 

The  law  of  1898  limited  the  time  of  loans  to  school  districts  to 
ten  years  and  the  amount  to  ten  thousand  dollars,  and  fixed  the  rate 
of  interest  at  four  per  cent.  The  law  of  1899  changed  the  time  to 
fifteen  years  and  fixed  the  rate  of  interest  at  three  and  one-half  per 
cent.  The  law  of  1901  raised  the  amount  that  may  be  borrowed  by 
any  one  district  to  twenty-five  thousand  dollars.  Carefully  study  all 
laws  and  directions  given  in  this  volume  for  borrowing  money  before 
application  for  a  loan  is  made. 

Borrowing  money— Cities.  (Chap.  387,  Laws  of  1901,  amend- 
ing Chap.  81,  Laws  of  1899.)  All  cities  of  the  third  and  fourth 
class  operating  under  a  special  or  general  charter,  are  hereby 
authorized  to  levy  annually  a  special  tax  for  school  purposes,  not 
exceeding  three  and  one-half  mills  on  the  dollar  of  the  assessed 
valuation  of  all  the  real  and  personal  property  in  said  city  for 
that  year,  in  addition  to  the  total  tax  now  authorized  to  be  levied 
by  such  cities. 

Loans  from  the  trust  funds.  SECTION  1.  (Chapter  72,  laws 
of  1901.)  The  annual  interest  and  installments  of  principal 


102  SCHOOL  LAWS   OF   WISCONSIN. 

of  all  loans  granted  hereafter  from  the  trust  funds  of  the  state 
to  counties,  towns,  villages,  cities  or  boards  of  education  and 
school  districts,  shall  be  payable  on  the  first  day  of  February 
of  each  year  after  the  granting  of  such  loans. 

This  chapter  fixes  the  time  of  paying  the  installments  of  principal 
and  interest  referred  to  in  chapter  123,  laws  of  1901,  printed  above. 

Application  for.  SECTION  262.  Before  applying  for  such 
loan,  every  school  district  shall  authorize  such  application  by 
a  vote  of  a  majority  of  the  legal  voters  of  said  district  voting 
on  such  question,  and  if  at  a  special  meeting,  the  object  of  such 
meeting  shall  be  clearly  stated  in  the  notice  thereof,  and  such 
district  shall  not  thereafter  rescind  said  tax,  reconsider  such 
vote,  or  in  any  wise  hinder,  delay  or  postpone  the  levy  and  col- 
lection of  the  tax  so  voted,  and  shall  not  expend  the  money  so 
raised  or  loaned  for  any  other  purpose.  Application  for  such 
loan  shall  be  made  by  the  district  board  of  such  school  district 
in  writing,  stating  the  amount  required,  the  assessed  valuation 
of  the  taxable  real  property  of  such  district,  and  the  total  as- 
sesed  valuation  of  the  taxable  property  of  such  district  as  shown 
by  the  last  assessment  roll;  and  if  such  district  be  a  joint  district 
such  assessed  valuation  in  its  several  parts  separately,  so  that 
the  valuation  of  so  much  thereof  as  lies  in  each  town  of  which 
it  is  a  part  may  be  readily  known;  and  the  total  amount  of  all 
the  other  indebtedness  of  such  district  and  the  facts  in  detail 
in  respect  to  the  holding  of  the  meeting  and  passing  the  votes 
required  as  aforesaid,  and  shall  be  accompanied  by  a  correct 
map  or  plat  of  such  district.  Such  application  and  map 
shall  be  recorded  in  the  office  of  said  commissioners ; 
and  such  application  and  the  record  thereof  and  such  statement 
shall  be  conclusive  evidence  of  the  facts  therein  stated.  All 
such  applications  shall  be  acted  upon  by  the  said  commissioners 
in  the  order  of  time  in  which  they  shall  be  filed. 

Loans  to  schools  under  township  system.  SECTION  262ft. 
Loans  to  the  board  of  school  directors  of  any  town  in  which  the 
township  system  of  schools  exists  shall  be  made  only  when  ap- 
plication therefor  shall  have  been  authorized  by  a  majority  of 
the  electors  of  the  town  voting  on  the  question  at  an  annual 
town  meeting,  or  at  a  special  town  election  called  and  held  in 
•the  manner  provided  by  law.  The  question  of  authorizing  an 
application  for  a  loan  shall  be  submitted  in  the  form  of  a  reso- 
lution which  shall  state  the  amount  for  which  application  shall 
be  made  and  the  time  for  payment  of  the  loan.  The  vote  on 


BORROWING  MONEY.  103 

the  adoption  of  such  resolution  shall  be  by  ballot.  The  applica- 
tion to  the  commissioners  shall  be  signed  by  the  president,  vice- 
president  and  secretary  of  such  board,  and  the  certificates  of  in- 
debtedness required  as  evidence  of  the  loan  shall  be  signed  by 
them.  The  town  treasurer  shall  receive  and  receipt  for  the 
money  and  pay  it  out  as  other  moneys  belonging  to  the  school 
fund  of  the  township  are  paid  out,  but  only  for  the  purpose  for 
which  the  loan  was  made.  Except  as  herein  provided  the 
statutes  governing  loans  to  school  districts  shall,  so  far  as  ap- 
plicable, control  loans  made  to  such  boards. 

The  granting  of  loans  from  the  trust  funds  of  the  state  for  the 
purpose  of  aiding  in  the  erection  of  school  houses  is  frequently  delayed 
on  account  of  errors  and  omissions  in  the  application  and  accompany- 
ing papers.  To  aid  school  district  officers  to  avoid  errors  and  facili- 
tate the  granting  of  loans,  the  following  statements  are  given: 

1.  The  law  requires  that  the  authority  to  borrow  money  must  be 
given  by  vote  at  an  annual  or  lawfully  called  special  meeting. 

2.  That  tEe  resolution  to  be  voted  on  shall  be  in  writing  and  shall 
specify  the  amount  to  be  borrowed,  the  rate  of  interest,  and  the  time 
and  manner  of  payment. 

3.  The  resolution  to  *be  voted  on  shall  be  read  to  the  meeting  and 
the  vote  thereon  taken  by  ballot. 

4.  The  ballots  shall  be  written  or  printed;   those  in  favor,  "for  the 
loan;"  those  opposed,  "against  the  loan." 

5.  The  resolution  and  the  vote  shall  be  recorded. 

6.  If  the  resolution  is  adopted  the  meeting  shall  also  levy  a  tax  to 
be  annually  collected  to  pay  the  interest  and  principal  of  such  loan 
as  they  become  due. 

Section  327,  Wisconsin  statutes  of  1898,  gives  the  law  relating  to 
special  school  district  meetings.  That  statute  and  the  comments 
thereon  should  be  very  carefully  studied  before  any  steps  are  taken 
toward  calling  a  special  meeting  for  the  purpose  of  securing  a  loan 
from  the  state.  In  order  that  the  essential  points  may  not  escape 
your  notice,  they  are  also  placed  here: 

1.  The  special  meeting  must  be  called  on  the  written  request  of  at 
least  five  legal  voters. 

2.  Notices  for  such  special  meetings  must  be  posted  in  four  or  more 
public  places  in  the  district;  one  of  which  shall  be  affixed  to  the  outer 
door  of  the  schoolhouse  at  least  six  days  before  the  date  on  which  the 
meeting  is  to  be  held. 

3.  If  a  loan  is  to  be  authorized,  tax  levied,  or  debt  contracted,  notice 
of  the  meeting  must  be  served  on  at  least  three-fourths  of  the  legal 
voters   (men  and  women),  either  personally  or  by  written  notice  left 
at  their  place  of  residence,  stating  the  time  and  place,  and  objects 
of  the  meeting,  and  specifying  the  amount  proposed  to  be  voted,  at 
least   six   days  before  the  time   appointed   therefor,   exclusive   of   the 
day  on  which  the  meeting  is  to  be  held. 

4.  A  record  of  the  proceedings  of  the  special  meeting  should  show 
that  every  requirement  of  the  statutes  has  been  observed. 

The  following  outline  which  may  be  modified  to  conform  to  the 
facts,  will' serve  as  a  guide  to  aid  in  making  a  sufficient  record  of  the 
proceedings  of  the  special  meeting,  and  a  certified  copy  of  such  record 


104.  SCHOOL  LAWS   OF  WISCONSIN. 

must  accompany  all  applications  made  to  the  Commissioners  of  fuolic 
Lands  for  loans  from  the  trust  funds: 

Minutes  of  the  proceedings  of  a  special  meeting  of school 

district  No of  the  town  of in 

county,  Wisconsin,  held  at  the  schoolhouse  in  said  district  on  the 

day  of ,  19 . . . . ,  at  o'clock  in  the  noon. 

The  meeting  was  called  to  order  by Mr was 

elected  chairman  and  the  school  district  clerk  acted  as  clerk. 

Mr ,  school  district  clerk,  read  an  affidavit  showing  that 

the  meeting  was  called  on  the  written  request  of  at  least  five  legal 
voters  of  the  district,  and  that  notices  thereof  were  posted  in  the 
manner  prescribed  for  calling  the  annual  meeting,  and  that  at  least 
three-fourths  of  the  legal  voters  (men  and  women)  had  been  notified 
either  personally  or  by  a  written  notice  left  at  their  places  of  residence, 
stating  the  time,  place  and  objects  of  the  meeting,  and  specifying 
the  amount  proposed  to  be  voted,  at  least  six  days  before  the  time 
appointed  therefor,  exclusive  of  the  day  on  which  the  meeting  was  to 
be  held,  which  said  affidavit  is  in  the  words  and  figures  following, 
to-wit: 

County. — ss. 

being  first  duly  sworn,  on  oath,  deposes  and  says  that 

he  is  the  duly  elected  and  acting  clerk  of  school  district  No. , 

of  the  town  of ,  in  county,  Wisconsin ;  that 

on  the  day  of  ,  19 . . . . ,  a  request  in  writing  was 

filed  with  this  deponent,  requesting  deponent  to  call  a  special  district 

meeting  on  the  day  of  ,  19 ,  at  f . .  o'clock 

in  the  noon,  which  said  request  is  in  the  words  and  figures 

following,  to-wit: 

(Here  give  request  in  full.) 

That  thereafter  on  the  day  of  ,  19 deponent 

posted  notices  in  public  places  in  said  district,  one  of  which 

was  affixed  to  the  outer  door  of  the  schoolhouse  in  said  district,  of 
which  the  following  is  a  true  copy:  . 

(Here  give  notice  in  full.) 

That  on  the day  of ,  19 ,  this  deponent  notified 

the  following  named  legal  voters  of  said  district  personally,  by  read- 
ing the  said  notice  to  them: 

(Here  give  names  of  voters  personally  notified.) 

And  on  the  same  day  deponent  notified  the  following  named  legal 
voters  of  said  district  by  leaving  a  true  copy  of  said  notice  at  their 
places  of  residence: 

(Here  give  names  of  voters  so  notified.) 

That  the  persons  on  whom  such  notice  was  served  as  aforesaid 
constitute  at  least  three-fourths  of  all  the  legal  voters  of  the  district. 


Subscribed  and  sworn  before  me  this day  of 19. .. 

Justice  of  the  Peace. 

The  following  resolution  was  read  to  the  meeting: 

"Resolved  That  the  school  district  board  be  and  it  is  hereby  author- 
ized to  make  application  for  a  loan  of  dollars  from  the 

state  trust  fund,  payable  in years,  with  interest  at  the  rate 

of  3%  per  cent,  per  annum,  payable  annually  (See  chapter  72,  as  printed 
above)  for  the  purpose  of  building  a  schoolhouse." 


BORROWING  MONEY.  105 

The  ^question  being  on  the  adoption  of  the  resolution,  a  vote  was 
taken  by  written  ballots,  which  resulted  as  follows: 

For  the  loan  

Against  the  loan 

Majority  for  the  loan 

The  following  resolution  was  then  offered  and  adopted: 

Resolved,  That  a  sum  sufficient  to  pay  the  interest  and  principal  of 
the  loan  as  it  becomes  due,  be  and  the  same  is  hereby  levied  upon 
the  taxable  property  of  the  district. 

I,  ,  clerk  of  the  school  district  above  named,  do  hereby 

certify  that  the  above  and  foregoing  is  a  true  copy  of  the  record  of 
the  proceedings  of  the  meeting  therein  referred  to;  that  I  have  com- 
pared the  same  with  the  original  record  in  my  custody  and  that  it 
is  a  true  copy  thereof  and  of  the  whole  of  such  original  record. 

Dated ,  19... 


District  Clerk. 

The  form  of  request  to  the  clerk  to  call  a  special  meeting  is  given 
in  this  connection  for  the  convenience  of  school  officers  and  electors. 
The  electors  may  at  the  meeting  vote  to  borrow  a  smaller  sum  than 
that  named  in  the  call  but  cannot  vote  to  borrow  a  larger  amount. 

Request  to  District  Clerk  to  Call  a  Special  Meeting. 

To  ,  Clerk  of  School  District  No 

of  the  Town  of : 

SIR: — You  are  hereby  requested  to  call  a  special  meeting  of  the  above 

District  on  the  day  of  ,  19 . . ,  at o'clock  In 

the  noon,  for  the  purpose  of  voting  on  the  following  propo- 
sitions, viz.: 

1st.  To  authorize  the  School  Board  to  make  application  for  a  loan 

of  dollars  from  the  State  Trust  Funds,  payable  in  

years,  with  interest  at  the  rate  of  3^  per  cent,  per  annum,  payable 
annually,  for  the  purpose  of  building  school  house. 

2nd.  To  raise  by  tax  a  sum  sufficient  to  pay  the  principal  and  In- 
terest of  such  loan  as  it  becomes  due. 

Signed: 


The  form  of  notice  for  a  special  school  meeting  given  herewith  is 
one  adopted  by  the  land  commissioners,  and  the  district  clerk  should, 
as  far  as  possible,  make  copies  to  be  posted  agree  with  this  form. 

It  must  not  be  forgotten  that  copies  of  the  notice  must  be  served 
upon  at  least  three-fourths  of  the  electors  (men  and  women)  of  the 
district,  at  least  six  days  before  the  meeting  and  exclusive  of  the  day 
on  which  the  meeting  is  to  be  held.  Any  failure  to  follow  the  direc- 
tion given  in  section  427,  of  this  code,  is  likely  to  invalidate  all  proceed- 
ings of  the  electors  at  said  special  meeting. 

'(Form  of  Notice  for  Special  School  Meeting.) 

NOTICE  is  hereby  given  to  the  qualified  voters  of   School 

District  No ,  Town  of ,  that  a  special  school 


SCHOOL  LAWS   OF  WISCONSIN. 

• 

meeting  of  said  district  will  be  held  at  ,  in  said  dis- 
trict on  the day  of ,19 ,  at o'clock  P.  M., 

for  the  purpose  of  voting  the  following  propositions,  viz.: 

1st.     To  authorize  the  school  board  to  make  application  for  a  loan 

of   dollars  from  the  State  Trust  Funds,  payable  in   

years,  with  interest  at  the  rate  of  3%  per  cent,  per  annum,  payable 
annually,  for  the  purpose  of  building  school  house. 

2d.  To  raise  by  tax  a  sum  sufficient  to  pay  the  principal  and  interest 
of  such  loan  as  it  becomes  due. 

(Signed)    , 

District  Clerk. 
Dated  

Liability  for  loans;  change  of  boundaries;  taxes;  joint  districts; 
officers'  duty.  SECTION  263.  All  the  taxable  property  in  any 
school  district  which  has  heretofore  obtained  or  shall  hereafter 
obtain  any  loan  from  'the  state  shall  stand  charged  for  the  pay- 
ment of  the  principal  and  interest  thereof;  and  the  boundaries 
of  such  district  shall  not  be  so  altered  as  to  exclude  therefrom 
any  land  included  therein  at  the  time  of  making  such  loan,  until 
such  loan  shall  be  fully  paid,  without  the  consent  of  said  com- 
missioners and  upon  such  terms  as  they  shall  prescribe;  and 
there  shall  be  annually  levied  upon  the  taxable  property  of  such 
district,  besides  all  other  taxes,  a  tax  sufficient  to  pay  the  annual 
interest  and  annual  install  ments  of  principal  of  such  loan,  as 
hereinafter  provided.  Whenever  a  joint  school  district  shall  make 
any  such  loan,  the  clerk  of  such  district  shall  notify  in  writing 
the  town  clerks  of  the  several  towns  of  which  such  district  is 
composed,  of  such  loan  and  the  terms  thereof;  and  thereafter 
the  town  clerk  of  each  town  shall,  on  or  before  the  second  Mon- 
day of  September  in  each  year,  until  such  loan  be  paid,  trans- 
mit to  the  secretary  of  state  a  statement  certified  by  him  of  the 
valuation  of  all  taxable  property  belonging  to  that  part  of  such 
district  which  lies  in  his  town  according  to  the  last  assessment 
roll;  or  if  the  same  shall  have  been  equalized,  as  provided  in  sec- 
tion four  hundred  and  seventy-one,  such  equalized  valuation 
thereof.  The  secretary  of  state  shall  in  every  year  furnish  to 
the  county  clerk  of  each  county,  in  which  lies  any  school  dis- 
trict or  part  of  district  from  which  any  such  payment  is  to  be- 
come due  the  amount  to  be  levied  upon  such  district,  or,  if  a 
joint  district,  upon  each  such  part  of  such  district  as  lies  in  any 
town  in  such  county,  set  the  same  time  that  he  furnishes  that  of- 
ficer a  statement  of  the  state  tax.  In  apportioning  such  tax  to  the 
parts  of  a  joint  school  district  lying  in  separate  towns,  the  secre- 
tary of  state  shall  take,  as  the  true  valuations  the  valuations  of 


SORROWING  MONEY. 


the  taxable  property  stated  in  the  application  for  such  loan,  until 
amended  by  the  certified  statements  aforesaid  of  the  town  clerks 
of  all  the  towns  in  which  such  joint  district  lies.  The  county 
clerk,  on  receiving  such  statement,  shall  include  the  amount  due 
from  such  district  or  part  of  district  in  his  apportionment  of 
state  taxes  to  the  town;  but  it  shall  be  carried  out  in  a  separate 
column  and  the  district  from  which  it  is  due  shall  be  specified. 
The  town  clerk  shall  charge  and  carry  out  such  amount  on  his 
tax  roll  to  the  district  or  part  of  district  to  which  it  belongs,  in 
a  separate  column,  and  the  tax  shall  be  collected  and  paid  over 
with  and  in  the  same  manner  as  the  state  tax. 


SCHOOL  LAWS   OF  WISCONSIN. 


IX -SCHOOL  HOUSE  SITES. 


How  obtained.  SECTION  477.  Whenever  a  school-district 
shall  have  designated  by  a  majority  vote  of  the  electors  there- 
of present  at  an  annual  meeting  or  at  a  special  meeting  called 
for  that  purpose,  a  school  house  site  or  an  addition  thereto,  and 
shall  be  unable  to  obtain  the  same  on  account  of  the  refusal  of 
the  owner  to  sell  or  lease  the  same  for  a  just  and  reasonable 
compensation,  or  on  account  of  his  being  a  non-resident  or  un- 
known, the  district  board,  when  directed  so  to  do  by  a  vote  of 
the  electors  of  such  district  meeting,  shall  make  application  to 
the  town  board  of  their  town  to  locate  and  establish  the  site  or 
any  addition  thereto  so  designated. 

Notice  to  land  owner.  SECTION  478.  Whenever  any  such  ap- 
plication shall  be  made  to  the  town  board  said  board  shall  make 
and  sign  a  notice  in  writing  of  such  application,  containing  a 
description  of  the  land  upon  which  it  is  proposed  to  locate  such 
a  site  or  addition  and  the  time  and  place  when  and  where  they 
will  meet  to  decide  upon  the  same.  Such  notice  shall  be 
served  or  caused  to  be  served  by  the  district  clerk  upon 
all  the  occupants  of  such  land  and  all  the  owners 
thereof  who  are  known  and  are  residents  of  this  state 
at  least  six  days  previous  to  the  day  fixed  for  such  meeting. 
Such  notice  shall  be  served  by  delivering  a  copy  thereof  to  each 
such  occupant  and  owner  or  by  leaving  the  same  at  their  re- 
spective residences  with  some  person  of  suitable  age  and  discre- 
tion; and  if  the  owner  or  owners  of  said  land  be  unknown  to 
said  board  or  shall  reside  without  this  state  then  such  notice 
may  be  served  by  publishing  the  same  in  the  newspaper  pub- 
lished nearest  said  land  once  in  each  week  for  six  successive 
weeks  next  before  the  said  day  of  meeting. 

Compensation.  SECTION  479.  The  town  board  shall  meet  at 
the  time  and  place  fixed  in  said  notice,  and  upon  due  proof  of 


SCHOOL  HOUSE  SITES.  109 

the  service  of  [or]  publication  of  said  notice  they  shall  locate 
and  establish  such  site  or  addition  for  said  district.  They  shall 
cause  an  accurate  survey  and  description  to  be  made,  and  fix 
and  award  the  compensation  to  be  made  to  the  respective  owners 
for  the  same,  including  all  damages  respectively  sustained  by 
such  owners  by  reason  of  such  taking  of  said  lands,  and  within 
ten  days  thereafter  make  out  and  sign  duplicate  certificates,  con- 
taining a  statement  of  their  action  upon  such  application,  an  ac- 
curate description  of  the  land  taken  and  the  amount  of  com- 
pensation and  damages  awarded  to  each  of  said  owners,  one  of 
which  shall  be  delivered  to  the  occupant  or  owner  $f  the  lands 
so  taken,  if  known  and  a  resident  of  this  state,  and  the  other, 
together  with  the  proofs  of  publication  or  service  of  said  notice 
and  such  survey,  to  the  clerk  of  said  district,  who  shall  cause  said 
certificate  to  be  recorded  in  the  office  of  the  register  of  deeds 
of  the  proper  county;  provided,  that  said  board  may,  in  their 
discretion,  before  agreeing  upon  their  award,  adjourn  from 
time  to  tinm,  not  exceeding  in  all  ten  days. 

Payment.  SECTION  480.  The  sum  of  money  so  awarded  by 
said  board  shall  be  paid  to  the  owner  of  the  land  upon  which 
such  site  or  addition  is  located,  or  in  case  the  owner  is  a  non- 
resident or  unknown,  or  refuses  to  accept  the  money,  it  shall  be 
deposited  with  the  treasurer  of  the  district  to  the  order  of  the 
owner  of  said  land ;  said  district  shall  not  occupy  said  land 
without  the  consent  of  the  owner  thereof  until  such  money  shall 
be  paid,  tendered  or  deposited  as  aforesaid. 

Appeal.  SECTION  481.  Any  person  aggrieved  by  the  de- 
cision of  the  town  board  in  the  award  of  damages  or  otherwise 
may,  within  twenty  days  after  filing  their  duplicate  certificate 
with  the  clerk  of  such  district,  appeal  therefrom  to  the  circuit 
court  of  any  county  in  which  such  site  or  addition  or  any  part 
thereof  is  situated,  by  filing  with  such  clerk  a  notice  of  appeal, 
specifying  all  the  grounds  of  his  appeal  and  paying  to  such 
clerk  one  dollar  for  state  tax  and  one  dollar  for  making  returns 
thereto.  Within  twenty  days  thereafter  such  district  clerk- 
shall  deliver  to  the  clerk  of  said  circuit  court  a  certified  copy  of 
such  certificate,  together  with  such  notice  of  appeal,  with  the 
date  of  service  thereof  indorsed,  thereon,  and  pay  to  him  one 
dollar  state  tax;  and  thereupon  the  clerk  of  said  court  shall  en- 
ter an  action  in  his  court  record  in  which  the  said  appellant 


SCHOOL   LAWS    OF   WISCONSIN. 

shall  be  plaintiff  and  the  school  district  defendant.  The  issue 
in  said  action  shall  be  the  legality  of  all  the  proceedings  taken 
by  the  school  district  and  town  board  in  taking  the  lands  of  -the 
plaintiff  for  such  school  house  site  or  addition  thereto  which  are 
set  forth  in  the  notice  of  appeal  as  grounds  therefor,  and  the 
amount  of  compensation  and  damages  to  which  he  is  entitled 
therefor.  Such  issue  shall  be  tried  without  further  pleadings  as 
other  issues  of  fact  are  tried,  and  judgment  thereon  be  rendered 
and  enforced  as  in  other  personal  actions  in  such  court;  pro- 
vided, that  when  the  legality  of  the  proceedings  is  not  made  an 
issue  or  is  sustained  and  the  plaintiff  does  not  recover  a  larger 
sum  for  damages  than  was  awarded  to  him,  he  shall  not  recover 
but  shall  pay  costs. 

Quantity  of  land.  SECTION  482.  No  school-house  site  shall 
cpntain  more  than  one  acre  unless  with  the  consent  of  the 
owner  of  the  land  taken  therefor.  All  land  so  taken  agains't 
the  will  of  the  owner,  when  it  shall  cease  to  be  used  as  a  school 
house  site  or  addition,  shall  revert  to  the  original  owner,  his 
heirs  or  assigns;  and  no  land  shall  be  so  taken  that  may  not  be 
taken  for  highway  purposes  without  the  consent  of  the  owner 
thereof. 

Proceedings  by  joint  districts.  SECTION  483.  If  such  appli- 
cation be  made  by  a  joint  district  it  shall  be  made  to  the  town 
boards  of  the  several  towns  in  which  such  district  is  situated, 
and  such  town  boards  shall  act  'together  as  one  board  in  all  pro- 
ceedings as  hereinbefore  prescribed. 

Infant's  land,  how  obtained.  SECTION  484.  Whenever  any 
school  district  shall  locate  a  site  for  a  school  house  upon  any 
land  owned  by  an  infant  or  in  which  an  infant  has  an  interest 
the  circuit  or  county  court  of  the  county  in  which  the  land  is 
situated  may,  upon  application  of  the  parent  or  guardian  of 
such  infant,  authorize  such  parent  or  guardian  to  execute  a 
perpetual  lease  of  such  site  not  exceeding  one  acre  in  quantity, 
and  when  any  such  land  is  held  in  trust  for  an  infant  his 
trustee  may  in  like  manner  apply  for  authority  to  make  such 
jverpetual  lease.  All  such  leases  shall  vest  in  the  lessee  the  in- 
terest of  such  infant  and  of  -his  trustee  in  such  land  so  long  as 
the  same  is  occupied  for  school  purposes.  Such  authority  shall 
not  be  granted  unless  it  shall  be  made  to  appear  satisfactorily  to 
said  court  that  [the]  premises  are  needed  for  school  purposes, 


SCHOOL  HOUSE  SITES.  HI 

that  the  said  school  district  is  willing  to  pay  therefor  a  con- 
sideration deemed  adequate  by  the  court  and  that  the  interest 
of  such  infant  will  not  be  prejudiced  by  reason  of  said  lease, 
and  before  making  such  order  the  court  shall  require  the  person 
authorized  to  make  such  lease  to  give  a  bond  to  account  for 
and  pay  over  the  consideration  received  therefor  as  in  cases  pro- 
vided by  law  for  the  sale  of  the  lands  of  minors. 

The  foregoing  sections  embody  the  laws  in  force  as  to  the  establish- 
ment of  school  house  sites.  The  town  board  is  to  be  called  upon,  not 
to  select  or  designate  a  site  in  any  case,  but  to  locate  and  establish 
the  same  or  any  addition  thereto,  when  the  district  cannot  obtain  it 
on  reasonable  terms,  or  because  the  owner  is  a  non-resident. 

The  last  section  points  out  the  course  to  be  pursued  when  the  site 
selected  is  on  land  owned  by  an  infant,  or  in  which  an  infant  has  an 
interest. 


SCHOOL  LAWS   OF  WISCONSIN. 


X.-LT.BRARIES. 


Reference  works,  miscellaneous  books  ana  books  for  supplementary 
reading  for  school  use  may  be  obtained  in  three  ways: 

First. — Under  subdivision  10  of  section  430,  which  gives  the  school 
district  meeting  power  to  appropriate  certain  sums  of  money  for  the 
school  district  library. 

Second. — Under  section  486,  which  allows  two  or  more  districts  to 
unite  in  purchasing  and  maintaining  a  joint  library. 

Third. — Under  section  486a,  known  as.  the  township  library  law. 
Nearly  all  the  school  district  libraries  of  the  state  have  been  secured 
under  this  law,  which  has  proved  the  most  efficient  and  has  secured 
the  best  results. 

Librarian;  actions.  SECTION  485.  The  clerk  of  the  district 
or  such  other  person  as  the  legal  voters  shall  appoint  shall  "be 
the  librarian  and  have  the  care  and  custody  of  the  district  li- 
brary under  the  supervision  of  the  district  board.  All  actions 
relating  to  such  libraries  or  for  the  recovery  of  any  penalties 
lawfully  established  in  relation  thereto  shall  be  brought  in 
the  name  of  the  proper  school  district. 

Joint  libraries.  SECTION  486.  The  legal  voters  of  any  two 
or  more  adjoining  school  districts  may,  with  the  approval  of  the 
town  board,  unite  their  libraries  and  library  money  and  may 
purchase  a  joint  library  or  additions  thereto  for  such  districts, 
to  be  selected  by  the  district  boards  thereof  or  by  such*  person  as 
they  shall  designate,  and  to  be  under  charge  of  librarians  to  be 
appointed  by  such  district  boards.  Every  such  joint  library 
and  its  appurtenances  shall  be  vested  in  and  all  actions  relating 
thereto  shall  be  brought  in  the  names  of  all  the  districts  owning 
such  joint  library.  In  case  such  district  shall  desire  to  divide 
any  such  joint  library  such  division  shall  be  made  by  the  di- 
rectors of  the  districts  owning  the  same,  or  by  the  town  super- 
visors if  such  directors  cannot  agree;  and  any  school  district 
may  donate  and  sell  any  book  or  books  belonging  to  the  district 
library  to  the  town  in  which  it  is  situated  to  form  a  part  of  the 
library, 


LIBRARIES. 


113 


REGULATIONS. 

The  following  regulations  for  the  management  of  school  district 
libraries  are  prescribed  by  the  state  superintendent,  under  the  author- 
ity of  section  166  of  the  revised  statutes: 

1.  The  district  librarian  shall  have  charge  of  the  library,  and  shall 
keep  a  catalogue  of -all  the  books  in  a  book  to  be  provided  by  the  dis- 
trict for  that  purpose. 

2.  Every  volume  in  a  library  shall  have  pasted  on  the  inside  of  the 
cover  a  printed  paper,  giving  the  name  of  the  district;   the  number 
of  the  volume;  the  fine  for  not  returning  it  within  the 'specified  time, 
and  for  the  loss  of  or  injury  to  any  book.     Blanks  for  this  purpose  will 
be  furnished  to  districts  upon  application  to  the  state  superintend- 
ent. 

3.  Every  volume  loaned  shall  be  entered  by  the  librarian  in  a  book, 
to  be  provided  by  the  district  for  that  purpose,  by  its  number,  with 
the  day  on  which  it  was  loaned;   the  name  of  the  borrower,  and  the 
name  of  the  person  to  whom  it  is  charged  (see  regulation  5) ;  the  date 
when  returned,  and  condition  of  the  book;  the  fine  assessed  for  deten- 
tion, or  injury  done  to  the  book  in  the  following  form: 


Time 
'/of 

delivery. 

Number 
of 
book. 

To  whom 
delivered. 

To  whom 
charged. 

When 
returned. 

Condition 
of 
book. 

Fine 
for 
deteution. 

Fine 
for 
injury 

J930 

June  10  . 

41 

Jno.  Ward 

W.  Green. 

June  2*. 

Good. 

4.  No  person  shall  be  allowed  to  have  more  than  one  volume  at  a 
time,  or  to  retain  it  longer  than  two  weeks;    nor  shall  any  person 
who  has  incurred  a  fine  imposed  by  these  regulations,  receive  a  book 
while  such  fine  remains  unpaid. 

5.  Books  may  be  loaned   to  minors  and  charged  to  their  parents, 
guardians,   or   other   persons   with   whom   they   reside,   who   shall  be 
responsible  for  the  books  under  these  regulations. 

6.  On  the  election  of  a  librarian,  his  predecessor  shall,  within  ten 
days  thereafter,  deliver  to  him  all  the  printed  and  manuscript  books, 
pamphlets,  papers,  cases,  and  all  other  property  belonging  to  the  li- 
brary  which   is   in   his   custody,    for   which  the  librarian   shall   give 
him  a  full  receipt,  discharging  him  from  all  responsibility  therefor 
except  in  the  case  herein  provided;  and  on  receiving  the  library  prop- 
erty, the  librarian  shall  carefully  examine  all  books,  etc.,  and  if  any 
loss  or  injury  shall  have  been  sustained,  for  which  a  fine  has  not 
been  imposed  by  his  predecessor,  or  for  which  a  fine  has  been  im- 
posed and  not  certified  by  him  to  the  treasurer,  the  librarian  shall 
certify   the   amount  thereof   to   the   treasurer,   who   shall   collect  the 
same  of  such  predecessor  in  the  same  manner  as  other  fines  are  col- 
lected. 

7.  In  case  of  vacancy  in  the  office  of  librarian,  the  district  clerk 
ehall  perform  the  duties  of  librarian  until  the  vacancy  is  filled. 

8.  If  any  person,  having  held  the  office  of  librarian,  shall  neglect 
or  refuse  to  deliver  to  his  successor  all  the  library  property,  as  pre- 
scribed in  the  sixth  regulation,  the  director  shall  forthwith  commence 
an  action  in  the  name  of  the  district  board  for  the  recovery  of  the 
property  he  shall  so  neglect  or  refuse  to  deliver. 

8 


SCHOOL  LAWS   OF  WISCONSIN. 

9.  On  the  return  of  any  book  to  the  library,  the  librarian  shall  ex- 
amine it  carefully,   to  ascertain  what  injury,  if  any,   has  been  sus- 
tained by  it,  and   shall  charge  the  amount  of  the  fine  accordingly; 
and  in  every  case  of  injury  not  specified  in  these  regulations,  he  shall 
assess  the  amount  of  damages  to  be  paid,  subject  to  revision  by  tne 
district  board. 

10.  The  following  fines  are  established  by  the  state  superintendent, 
viz.: 

1st.  For  detaining  a  book  beyond  two  weeks,  five  cents  per  week. 

2d.  For  The  loss  of  a  volume,  the  cost  of  the  book;  and  if  one  of 
a  set,  an  amount  sufficient  to  replace  it,  or  to  purchase  a  new  set. 

3.  For  a  leaf  of  the  text  torn  out  or  lost,  or  so  soiled  as  to  ren- 
der it  illegible,  the  cost  of  the  book. 

4th.  For  any  injury  beyond  ordinary  wear,  an  amount  proportionate 
to  the  injury,  to  be  estimated  by  the  librarian. 

5th.  Whenever  any  book  shall  not  be  returned  within  six  weeks 
from  the  time  it  was  loaned,  it  shall  be  deemed  to  be  lost,  and  the 
person  so  detaining  it  shall  be  charged  with  its  cost  in  addition  to 
the  weekly  fine  for  detaining  the  book,  up  to  the  time  such  charge 
is  made.  But  if  the  book  is  finally  returned,  the  charge  for  loss  shall 
be  remittee!;  and  the  fine  for  not  returning  the  same  be  levied  up 
to  the  time  of  such  return;  provided,  that  in  no  case  shall  the  amount 
of  weekly  fines  exceed  double  the  cost  of  the  book. 

11.  On  the  third  Monday  of  August,  November,  February  and  May, 
and  also  immediately  before  he  vacates  his  office,  the  librarian  shall 
report  to  the  district  treasurer  the  name  of  every  person  liable  for 
fines,  and  the  amount  each  such  person  is  liable  to  pay;  and  the  treas- 
urer shall  give  the  librarian  a  certificate  of  the  same,  and  immediately 
proceed  to  collect  the  same,  and  if  not  paid  shall  so  certify  to  the 
director,  who  shall  forthwith  bring  an  action  in  the  name  of  the  dis- 
trict board  for  the  recovery  thereof. 

12.  All   library  fines   shall  be   paid   to   the   district  treasurer,   who 
shall  keep  account  of  the  same,  and  shall  report  thereon  to  the  annual 
district  meeting,  giving  the  name  of  each  individual  fined,  the  amount 
of  the  fine,  and  the  sum  total  of  all  fines,  which  report  shall  be  re- 
corded by  the  clerk;   and  the  district  treasurer  shall  be  responsible 
for  all  fines  uncollected  through  his  neglect. 

13.  On  the  first  day  of  July  in  each  year,  the  librarian  shall  report 
to  the  district  clerk  as  follows: 

1st.  The  number  of  volumes  in  the  library; 
2d.  The  number  of  volumes  purchased  during  the  year; 
3d.  The  number  of  volumes  presented  during  the  year; 
4th.  The  number  of  volumes  loaned  during  the  year  (counting  each 
volume  once  for  each  time  it  is  loaned) ; 
5th.  Amount  of  fines  collected; 
6th.  Amount  of  fines  expended. 

14.  The  library  fines  collected  must  be  first  applied  to  the  replacing 
of  lost  volumes,  binding  pamphlets,  and  rebinding  such  books  as  may 
require  it. 

15.  In  case  of  joint  libraries,  the  reports  required  above  shall  be 
made  to  the  officers  of  the  district  in  which  the  library  is  located. 

Township  libraries.  SECTION  1.  (Chapter  272,  Laws  of  1899, 
amending  section  48 6 a,  Statutes  of  1898.)  The  treasurer  of 
every  town,  incorporated  village,  or  city  of  the  fourth  class  in 
this  state,  shall  withhold  annually  from  the  apportionment  re- 


LIBRARIES. 

ceived  from  the  school  fund  or  other  income  for  the  school  dis- 
trict or  districts,  the  school  house  or  school  houses  of  which  are 
located  in  his  town,  village  or  city,  an  amount  equal  to  ten  cents 
per  capita  for  each  person  of  school  age  residing  therein,  for  the 
purchase  of  library  books  as  hereinafter  provided.  Between 
the  first  days  of  May  and  September  of  each  year,  the  town, 
village  or  city  clerk  except  'that  in  cities  having  a  board  of  edu- 
cation such  board  of  education,  or  a  majority  thereof, 
shall  act  in  place  of  the  city  clerk,  shall  with  the 
assistance  and  advice  of  the  county  or  city  superin- 
tendent of  schools,  as  the  case  may  be,  expend  all  such  money 
in  the  purchase  of  books  selected  from  the  list  prepared  by  the 
state  superintendent,  for  the  use  of  the  several  school  districts 
from  which  money  has  been  so  withheld,  said  books  to  be 
distributed  among  said  districts,  in  proportion  to  the  amount  of 
money  withheld  from  each.  In  the  case  of  joint  districts  be- 
tween one  or  more  towns,  a  town  or  towns  and  an  incorporated 
village  or  city,  the  treasurer  or  treasurers  of  the  town  or  towns, 
shall  transmit  to  the  treasurer  of  the  town,  village  or  city  in 
which  the  school  house  or  houses  may  be  located,  on  or  before 
the  first  day  of  June  of  each  year,  an  amount  equal  to  ten  cents 
per  capita  for  each  person  of  school  age  residing  in  that  part  of 
the  joint  district  in  his  town  at  the  time  of  the  last  annual  school 
census.  The  state  superintendent  shall  prepare,  as  often  as  he 
shall  deem  necessary,  lists  of  books  suitable  for  school  district 
libraries,  and  furnish  copies  of  such  lists  to  each  town,  village 
or  city  clerk  or  secretary  of  the  board  of  education,  and  to  each 
county  or  city  superintendent,  from  which  lists  the  above  desig- 
nated officers  shall  select  and  purchase  books  for  use  in  such 
school  libraries.  Each  town,  village  or  city  clerk,  or  secretary 
of  the  board  of  education,  shall  keep  a  record  of  the  books  so 
purchased  and  distributed  in  a  book  provided  for  that  purpose. 
For  such  services  properly  performed,  each  clerk  or  secretary 
shall  be  allowed  two  dollars  per  day  for  each  day  actually  and 
necessarily  devoted  thereto,  such  sum  to  be  paid  out  of  the 
town,  village  or  city  treasury. 

SECTION  2.  The  state  superintendent  shall  have  authority 
to  suspend  the  operation  of  this  act  in  anv  school  district,  town, 
village  or  city  which  shall  maintain  a  free  public  library  by 
giving  due  notice  of  such  suspension  to  the  clerk  of  such  school 
district,  town,  village  or  city. 

This  amendment  to  section  486a,  chapter  27,  extends  the  operation 
of  the  township  library  law.  Hereafter,  cities  of  the  fourth  class 


SCHOOL  LAWS   OP  WISCONSIN. 

(cities  having  a  population  of  ten  thousand  or  less)  and  incorporated 
villages  are  brought  within  the  provisions  of  the  law. 

Librarian  and  records.  SECTION  48 6&.  Unless  the  school  dis- 
trict shall  at  the  annual  meeting  elect  some  other  person  librar- 
ian, the  clerk  shall  act  as  librarian  and  receive  and  have  the  care 
and  custody'  of  the  books  so  distributed  to  the  district,  and  shall 
loan  them  to  teachers,  pupils  and  other  residents  of  the  district 
in  accordance  with  the  regulations  prescribed  by  the  state  su- 
perintendent. The  clerk  shall  keep  a  record  of  the  books  re- 
ceived from  the  town  clerk  in  a  book  furnished  by  the  state  su- 
perintendent through  the  town  clerk;  but  during  the  time 
school  is  in  session  the  library  shall  be  placed  in  the  school 
house  and  the  teacher  shall  act  as  librarian  under  the  super- 
vision of  the  clerk  or  of  the  librarian  elected  at  the  annual 
meeting.  The  state~  superintendent  shall  furnish  to  each  town 
clerk  suitable  record  books  for  his  use  and  the  use  of  the  several 
clerks  in  his  town. 

Farm  bulletins.  SECTION  48 6c.  The  superintendent  of  agri- 
cultural institutes  shall  deposit  with  the  state  superintendent 
a  sufficient  number  of  copies  of  the  bulletins  of  such  institutes 
to  supply  every  public  school  library  with  one  copy  of  each 
edition  thereof,  which  bulletins  the  state  superintendent  shall 
send  to  the  various  town  clerks,  who  shall  distribute  them  to 
such  libraries  in  their  respective  towns,  from  which  they  shall 
be  loaned  in  like  manner  and  under  the  same  regulations  pre- 
scribed for  the  loaning  of  books  therein. 

Librarian  under  township  system.  SECTION  486d.  In  towns 
having  the  township  system  of  school  government,  all  duties 
prescribed  for  the  town  clerk  in  regard  to  township  libraries 
shall  be  performed  by  the  secretary  of  the  town  board  of  school 
directors. 

Under  this  law  money  for  library  purposes  must  be  withheld  an- 
nually by  the  town  treasurer  from  the  state  school  fund  income  or 
other  funds.  The  amount  withheld  is  equal  to  ten  cents  for  each 
person  of  school  age  residing  in  the  school  districts  whose  school- 
houses  are  situated  in  the  town,  whether  all  such  persons  reside  in  the 
town  or  not.  When  the  money  for  the  library  fund  has  been  with- 
held, it  is  made  the  duty  of  the  town  clerk  to  purchase  the  books 
under  the  conditions  imposed  by  the  law.  He  has  no  discretion  in  the 
matter. 

In  furnishing  books  to  joint  districts,  as  in  withholding  money,  all 
difficulties  are  settled  by  ignoring  the  fact  that  there  are  joint  dis- 


11? 

tricts  and  treating  each  district  as  if  it  belonged  entirely,  in  the  town 
in  which  its  school-no us.e  is  situated.  The  matter  of  equalizing  the 
expense  incurred  under  this  law  through  settlement  with  town  treas- 
urers in  case  of  joint  districts  must  not  be  permitted  to  delay  the 
prompt  purchase  of  books  by  the  clerk. 


SELECTION  OF   BOOKS. 

In  compliance  with  the  law  the  state  superintendent  has  prepared 
a  list  of  books  from  which  town  clerks  may  select.  This  list  may 
be  had  on  application  to  the  department  of  public  instruction.  The 
books  mentioned  in  this  list  are  those  which  the  experience  of  teach- 
ers has  proved  of  the  most  worth  in  inspiring  pupils  to  read  and  study 
and  in  widening  their  information. 


SUGGESTIONS   TO   SCHOOL  OFFICERS. 

The  main  objects  of  school  libraries  are  to  aid  the  teachers  and 
pupils  in  extending  and  giving  freshness  to  the  regular  studies  of 
the  schools  and  to  train  the  children  to  read  and  enjoy  good  books. 
To  secure  these  results  the  books  should  be  kept  in  the  school  rooms 
during  term  time  except  when  loaned  by  the  teacher. 

Each  district  board  should  provide  a  secure  case,  with  lock  and  key, 
for  keeping  the  books  clean  and  safe,  when  not  in  use.  This  case 
should  be  kept  clean  and  free  from  dust.  The  books,  except  very 
heavy  ones  which  should  lie  on  their  sides,  should  stand  upright  on 
the  shelves.  The  binding  and  stitching  of  books  are  injured  and  their 
general  appearance  marred  by  standing  "lopsided." 

The  teachers  should  receive  the  strongest  support  from  the  school 
district  officers  in  their  efforts  to  properly  care  for  the  books.  The 
town  clerk  shall,  in  a  book  provided  for  that  purpose,  open  an  account 
with  each  school  district  in  the  town  to  which  books  are  distributed, 
charging  each  school  district  with  all  books  delivered  to  the  same; 
describing  the  books  by  the  catalogue  numbers,  and  giving  the  date 
when  such  books  were  delivered.  Registers  in  which  a  complete  rec- 
ord of  the  books  belonging  to  the  township  library  can  be  neatly  kept 
by  the  town  clerk  and  the  district  librarian  are  now  furnished  by  the 
state  superintendent.  The  record  of  books  received,  kept  by  the  dis- 
trict librarian  of  any  district,  should  correspond  with  the  record  re- 
lating to  that  particular  district  kept  by  the  town  clerk.  These  rec- 
ords should  be  compared  at  least  once  each  year,  and  a  complete  list 
of  all  books  destroyed  or  lost  should  be  filed  with  the  town  clerk  and 
a  minute  of  each  book  so  lost  or  destroyed  should  be  made  in  the  rec- 
ord ot  the  district  librarian. 

The*  district  librarian  should  also  keep  in  the  record  book  an  accu- 
rate account  of  all  moneys  collected  from  fines  and  penalties  for  de- 
tentions, injuries  and  losses  of  library  books,  and  sums  so  collected 
should  be  paid  by  him  to  the  town  clerk  to  become  a  part  of  the  town- 
ship library  fund,  and  if  not  paid  to  him  in  full,  he  should  retain  the 
amount  so  due  from  each  district,  from  the  amount  of  public  school 
money  to  which  such  district  is  entitled  as  its  share  of  the  apportion- 
ment of  the  school  fund  income;  the  amount  so  retained  to' be  added 
to  the  sum  annually  withheld  for  township  library  purposes  for  such 
districtt  and  expended  in  the  purchase  of  books  for  the  ensuing  year. 


LAWS 


RULES  FOR  PUBLIC  SCHOOL  LIBRARIES. 

The  following  regulations  for  the  management  of  public  school  li- 
braries have  been  prepared  by  the  state  superintendent.  The  labels 
for  pasting  in  each  volume,  giving  the  rules  for  loaning,  can  be  ob- 
tained, on  application,  from  the  state  superintendent.  The  regula- 
tions should  be  entered  at  length  upon  the  records  of  the  town: 

1.  The  town  clerk  shall   distribute  all  books  purchased  for  public 
school   libraries  among  the   several   school  districts  of  the  town,   in 
proportion  to  the  amount  of  public  school  money  withheld  from  each 
for  -that  purpose. 

2.  Before  any  distribution  shall  be  made  of  any  books  purchased 
for  public  school  libraries,  the  town  clerk  shall  cause  to  be  pasted  on 
the  inside  of  the  cover  of  each  volume,  a  printed  label  giving  the  name 
of  the  town  to  which  the  book  belongs,  the  county  in  which  the  town 
is  located,  the  number  of  the  volume,  and  the  regulations  prescribed 
by  the  state  superintendent  relating  to  the  loan  of  the  same,  and  the 
fines  for  detention,  injury  or  loss  of  the  volume. 

3.  The  district  clerk,  or  the  librarian  elected  by  the  district,  shall 
be  the  custodian  of  the  books  distributed  to  the  district,  shall  loan 
the  same  to  persons  residing  in  the  district,  collect  all  fines  incurred 
for  detentions,  injuries  and  losses  of  books,  prescribed  by  the  btate 
superintendent,  keep  an  accurate  account  of  and  pay  over  the  same 
to  the  town  clerk  as  required,  and  shall  deliver  to  his  successor  in 
office  all  books,  papers  and  property  of  every  description  belonging 
to  the  town  and  to  the  public  school  library  thereof,  within  ten  days 
after  the  election  or  appointment  of  such  successor. 

4.  The  district  clerk  or  librarian  shall  keep  a  catalogue  of  the  books 
delivered  to  him  by  the  town  clerk.     In  connection  with  his  annual 
report,   the   district   clerk   shall   report   the   number  of   volumes,   the 
amount  of  fines  collected,  and  the  condition  of  the  library  on  the  30th 
day  of  June,  to  the  town  clerk.       Wherever  a  suitable  place  for  the 
safe  keeping  of  books  can  be  provided  by  the  district  board,  the  dis- 
trict clerk  or  librarian  should  place  the  library  in  the  school-room, 
during  term   time,   under  the  care  and   management  of   the  teacher. 
The  librarian  shall  give  out  and  receive  books  on  such  days  as  the 
school  board  may  direct,  under  the  following  rules: 

I.  The  teacher  of  the  public  school  shall,  while  the  school  is  In 
session,  receive  from  the  library  such  number  of  volumes  as  may  be 
needed  for  use  in  the  instruction  of  pupils  and  classes,  shall  be  re- 
sponsible for  the  books  drawn  for  that  purpose  and  may  loan  them  to 
pupils. 

II.  No  individual,  except  the  teacher  of  the  school,  shall  have  from 
the  library  more  than  one  volume  at  a  time.     Books  may  be  loaned 
to   minors,  and"   the    record   account   shall   be   kept   with   the  parent, 
guardian  or  person  with  whom  such  minor  resides. 

III.  No  volume  shall  be  retained  longer  than  two  weeks  under  pen- 
alty of  a  fine  of  ten  cents  for  the  first  week  of  such  detention,  and  five 
cents  for  every  week  thereafter.     The  librarian  shall  report  monthly 
all  delinquencies  to  the  school  board. 

IV.  Fines  shall  be  assessed  for  injuries  to  books  as  follows: 

1.  For  an  injury  beyond  ordinary  wear,  an  amount  proportionate  to 
the  injury,  as  estimated  by  the  librarian. 

2.  For  the  loss  of  a  volume,  the  cost  of  the  book;   and  if  one  of  a 
set,  an  amount  sufficient  to  replace  it,  or  to  purchase  a  new  set. 

3.  No  person  having  incurred  a  fine  shall  be  permitted  to  take  books 
trom  the  library  until  the  fine  is  paid. 


11$ 


v.  The  district  clerk  or  librarian  of  each  school  district  shall  keep 
a  record  of  all  books  loaned,  in  a  book  provided  for  that  purpose, 
which  shall  show  the  name  of  the  person  to  whom  the  volume  is 
loaned,  the  catalogue  number  of  the  volume,  the  date  of  the  loan,  the 
date  of  return,  and  the  amount  of  fine,  if  any,  imposed  and  assessed 
by  the  librarian,  for  any  detention,  injury  or  loss  of  any  book,  and 
the  date  at  which  said  fine  was  paid.  The  record  shall  be  kept  in  the 
following  form: 


Name  of  Borrower. 

No.  of  Book. 

Date  of  Loan. 

Date  of  Return. 

Fin«. 

. 

VI.  Books  may  be  loaned  to  minors  and  charged  to  their  parents, 
guardians,  or  other  persons  with  whom  they  reside,  who  shall  be  re- 
sponsible for  the  books  under  these  regulations. 

VII.  On  the  return  of  every  book  to  the  library  the  librarian  shall 
examine  ft  carefully  to  ascertain  what  injury,  if  any,  has  been  sus- 
tained by  it,  and  shall  charge  any  fine  that  may  have  been  incurred  by 
such  injury,  or  by  detention  or  loss  of  any  book  as  provided  in  the 
rules. 


120  SCHOOL  LAWS  OF  WISCONSIN. 


XL-COLLECTION  OF   JUDGMENTS    AGAINST 
SCHOOL-DISTRICTS. 


Execution.  SECTION  487.  No  execution  shall  issue  on  any 
judgment  against  a  school  district  except  upon  leave  of  the 
court  upon  motion  after  the  failure  of  the  remedies  provided 
in  these  statutes. 

Method  of  collection.  SECTION  488.  Whenever  a  final  judg- 
ment shall  be  obtained  against  any  school  district  the  judgment 
creditor,  his  assignee  or  attorney  may  file  wi'th  'the  town,  city  or 
village  clerk  a  certified  transcript  of  such  judgment  or  of  the 
docket  thereof,  together  with  his  affidavit  showing  the  amount 
due  thereon  and  all  'payments,  if  any,  and  that  the  judgment 
has  not  been  appealed  from  or  removed  to  another  court,  or  if 
so  appealed  or  removed  has  been  affirmed;  and  thereupon  such 
clerk  shall  assess  the  amount  thereof,  with  interest  from  the 
date  of  its  rendition  to  the  time  when  the  warrant  for  the  col- 
lection thereof  will  expire  upon  the  taxable  property  of  such 
district,  placing  the  same  in  a  separate  column  on  the  next  tax 
roll;  and  the  same  shall  be  collected  and  returned  as  town  taxes 
are  and  paid  to  the  party  entitled  thereto.  In  case  of  a  judg- 
ment against  a  joint  district,  a  transcript  and  affidavit  as  afore- 
said shall  be  filed  with  the  clerk  of  each  town,  city  or  village 
in  which  any  part  of  the  district  is  situated,  and  such  clerk  shall 
assess  on  the  taxable  property  of  the  part  of  such  district  situ- 
ated in  his  town,  city  or  village  the  same  proportion  of  the 
whole  amount,  with  interest  as  aforesaid,  as  is  assessed  on  such 
part  for  the  other  district  taxes  in  such  year.  Such  proportion 
may  be  ascertained  by  the  certificate  of  the  district  clerk-  or 
the  certificate  of  the  several  town,  city  or  village  clerks  inter- 
ested to  each  other,  showing  the  amount  of  other  district  taxes 
certified  by  the  district  clerk  to  each  town,  city  or  village  clerk. 
Whenever  for  any  cause  the  amount  which  ought  to  be  assessed 


JUDGMENTS  AGAINST   SCHOOL  DISTRICTS. 

on  any  such  district  or  part  of  district,  as  above  provided,  shall 
not  be  so  assessed  in  the  next  tax  roll  after  the  filing  of  such 
transcript  and  affidavit,  such  clerk  shall  assess  the  same  on  the 
next  or  any  subsequent  tax  roll  within  two  years  thereafter. 

Effect  of  appeal.  SECTION  489.  Whenever  an  appeal  shall 
be  taken  from  such  judgment  against  a  district  and  a  transcript 
thereof  and  affidavit  shall  have  been  filed  as  above  provided, 
the  director  may  file  a  certificate  of  such  appeal  with  the  town, 
city  or  village  clerk,  and  thereupon  he  shall  suspend  the  assess- 
ment of  such  judgment  until  the  determination  of  such  appeal. 
If  such  judgment  be  thereafter  affirmed,  on  proof  thereof  by 
certificate  of  the  clerk  of  the  appellate  court,  the  town,  city  or 
village  clerk  shall  assess  the  same,  with  interest,  in  the  next  tax 
roll. 

The  property  belonging  to  the  district  is  not  liable  to  levy  or  sale 
upon  an  execution.  Under  the  rendition  of  any  judgment  against  a 
school  district,  a  transcript  of  the  same  is  to  be  filed  with  the  town 
clerk,  or,  if  the  district  be  a  joint  district,  with  the  clerk  of  each 
town  in  which  such  district  is  in  part  situated.  The  town  clerk  is 
then  required  to  assess  the  am'ount  of  the  judgment,  with  interest 
thereon,  in  a  separate  column,  in  the  next  assessment  roll,  and  the 
tax,  when  collected,  shall  be  paid  to  the  party  entitled  thereto. 


122  gCflOOL  LA^VS  OP  WISCONSIN. 


XII-FREE  HIGH  SCHOOLS. 


How  established..  SECTION  490.  Any  town,  village  or  city, 
school  district  or  sub-district  which  contains  within  its  limits 
an  incorporated  village  or  which  has  a  graded  school  of  not  less 
•than  two  departments  may  establish  and  maintain  not  exceeding 
two  high  schools  in  the  manner  and  with  the  privileges  herein 
provided;  but  no  such  school  shall  be  established  or  maintained 
unless  twenty-five  persons  of  school  age,  resident  of  the  town, 
city,  village,  school  district  or  sub-district  pass  a  satisfactory  ex- 
amination in  the  branches  required  to  be  taught  in  the  common 
schools  and  are  prepared  to  begin  a  high  school  course.  The 
question  of  establishing  such  schools  may  be  submitted  by  the 
town,  district,  sub-district  or  village  board  or  common  council 
to  the  legally  qualified  voters  at  any  annual  or  special  meeting 
or  election  upon  written  resolution  therefor,  proposed  for 
adoption;  provided,  notice  of  such  purpose  embodying 
such  resolution  be  given  in  the  manner  provided  for 
notifying  a  special  district  meeting,  town  meeting  or  char- 
ter election.  In  the  case  of  a  sub-district  the  meeting  may 
be  called  by  the  clerk  thereof.  The  vote  shall  be  taken  by  bal- 
lot and  canvassed  according  to  the  statutes  for  conducting  elec- 
tions in  such  municipality,  those  ballots  in  favor  being  written 
or  printed,  "for  high  school;"  those  opposed,  "against  high 
school."  If  the  resolution  be  adopted,  such  town,  district,  sub- 
district,  village  or  city  shall  constitute  a  high  school  district. 
But  this  section  shall  not  apply  to  high  schools  already  estab- 
lished. 

Joint  high  school  districts.  SECTION  1.  (Chapter  57,  Laws  of 
1899,  amending  section  491,  Statutes  of  1898.)  Two  or  more 
adjoining  towns  or  school  districts,  or  one  or  more  towns 
or  school  districts,  and  an  incorporated  village  or  city; 


a  Mttm  Scti06lA  123 

when  the  same  together  will  make  a  district  of  con- 
tiguous territory ;  may  unite  in  establishing  and  maintaining 
any  such  high  school.  The  resolution  proposing  the  same  shall 
be-  approved  and  submitted  and  the  notice  of  election  signed  by 
at  least  a  majority  of  the  supervisors  of  each  town,  the  directors 
of  each  school  district,  the  common  council  of  such  city  and 
trustees  of  such  village,  if  any,  and  the  election  shall  be  noti- 
fied and  conducted  in  each  town,  school  district,  city  or  village 
as  provided  in  the  preceding  section.  Such  resolution  shall  not 
be  adopted  unless  a  majority  of  the  votes  cast  in  each  such  town, 
school  district,  city  or  village  be  in  favor  thereof.  The  votes 
shall  be  canvassed  at  the  first  election,  and  all  subsequent  elec- 
tions in  the  several  towns  as  at  town  meetings,  in  the  several 
school  districts  as  at  annual  school  district  meetings,  in  the 
city,  if  any,  as  at  a  charter  election,  and  in  the  village,  if  any, 
as  at  village  elections;  and  the  supervisors  of  the  several  towns, 
directors  of  said  school  districts,  common  council  of  such  city 
and  trustees  of  such  village  shall,  within  one  week  after  such 
election,  meet  and  canvass  the  votes  and  certify  the  result  to  the 
town  clerk  of  each  town,  the  clerk  of  each  school  district  the 
clerk  of  such  city  and  to  the  village  clerk  of  such  village,  If 
such  resolution  be  adopted,  the  town,  or  towns,  school  district  or 
school  districts  and  city  and  village,  so  voting,  shall  constitute 
a  joint  high  school  district. 

Certificate.  SECTION  49 la,  (Statutes  of  1898y  as  amended  by 
Chap.  214,  1899,  as  amended  by  Chap.  345,  Laws  of  1901.) 
Whenever  a  free  high  school  shall  have  been  established  and 
maintained  as  provided  in  sections  490  and  491  for  at  least 
three  months,  and  the  proper  board  shall  have  made  the  report 
required  by  section  496  in  order  to  obtain  the  aid  furnished  by 
the  state  in  maintaining  free  high  schools,  they  shall  append 
thereto  a  certificate  that  such  school  is  established  and  main- 
tained in  a  district  composed  of  a  town ;  of  a  town  and  an  in- 
corporated village  within  the  town ;  of  two  or  more  towns ;  or 
of  two  or  more  towns  and  an  incorporated  village  in  one  or  in 
each  of  them. 

State  aid.  SECTION  491&,  (Statutes  of  1898,  as  amended  by 
Chap.  214,  Laws  of  1899,  as  amended  by  Chap.  345,  Laws  of 
1901.)  Upon  receiving  the  reports  and  appended  certificate  pro- 
vided for  in  section  496,  it  shall  be  the  duty  of  the  state  super- 


124  SCHOOL  LAWS   OF  WISCONSIN. 

intendent  to  make  a  separate  and  distinct  class  of  the  schools 
thus  established  and  maintained  in  the  districts  designated  in  sec- 
tion 49 la  as  amended  by  this  act,  and  each  such  school  shall  be 
entitled  to  receive  from  the  general  fund  of  the  state,  annually, 
one-half  the  amount  actually  expended  for  instruction  therein; 
and  said  superintendent  shall  fix  the  amount  to  be  paid  to  each 
of  said  high  schools  and  certify  the  same  to  the  secretary  of  state 
at  the  time  and  in  the  manner  he  is  now  required  to  fix  and  cer- 
tify to  him  the  amount  to  be  paid  to  high  school  districts.  On 
such  certificate,  at  any  time  after  the  first  day  of  December,  the 
same  shall  be  paid  to  the  district  treasurer  out  of  the  state  treas- 
ury; but  the  whole  amount  so  paid  shall  not  exceed  twenty-five 
thousand  dollars  in  any  one  year  to  this  class  of  free  high  schools, 
and  if  more  is  demanded  by  such  districts  they  shall  be  paid 
proportionally.  The  secretary  of  state  shall  annually  include 
and  apportion  in  the  state  tax  all  such  sums  as  shall  have  been 
so  paid,  in  addition  to  the  amount  authorized  to  be  paid  in  aid 
of  free  high  schools  by  section  496  and  in  addition  to  all  other 
sums  to  be  levied  for  the  year. 

This  law  strikes  out  the  words  "in  towns  or  in  towns  or  villages  where 
no  graded  school  exists"  so  that  hereafter  high  school  districts  com- 
prised of  an  entire  town  or  of  two  or  more  towns  will  share  in  greater 
proportion  in  the  free  high  school  apportionment  than  heretofore  In 
those  cases  where  there  are  "graded"  schools  in  the  town  high  school 
district. 

By  this  act  an  annual  appropriation  of  not  more  than  twenty-five 
thousand  dollars  is  made  to  encourage  the  establishment  and  main- 
tenance of  free  high  schools  in  towns  where  the  high  school  district 
is  comprised  of  one  or  more  towns. 

This  was  the  principal  purpose  of  the  first  act  proffering  aid  to  free 
high  schools.  IJut  few  of  these  places  took  advantage  of  the  assist- 
ance thus  tendered,  and  the  remainder  of  the  appropriation  is  now 
devoted  to  the  high  schools  established  in  connection  with  graded 
schools. 

In  organization,  management,  and  methods  of  application  for  aid, 
these  schools  will  conform  to  the  law  heretofore  existing  in  relation 
to  free  high  schools. 

Six  different  organizations  are  authorized  to  establish  and  maintain 
free  high  schools,  to-wit:  a  town,  two  or  more  towns,  an  incorporated 
village,  an  incorporated  village  and  adjoining  town,  a  city  and  a  school 
district  containing  a  village  or  a  graded  school  of  two  departments. 

The  first  step  in  organizing  any  one  of  these  schools  is  the  posting 
of  notices  of  a  purpose  to  vote  on  the  question  of  the  adoption  of  the 
system  as  specified  in  form  49  of  this  code.  The  town  board,  village 
board,  district  board,  or  the  common  council  of  the  city,  must  notify 
the  electors  of  a  purpose  to  hold  an  election  for  voting  on  the  resolu- 
tion that  is  recited  in  the  notice.  When  two  or  more  towns  purpose 
to  unite  in  establishing  a  free  high  school  at  least  two  members  of 
each  board  interested  must  sign  the  notices. 

The  second  step  is  to  take  a  popular  vote  by  ballot,  and  if  a  ma- 


FREE  HIGH   SCHOOLS.  125 

jority  of  the  ballots  cast  read  "For  high  school,"  the  resolution  must 
be  declared  carried  and  the  action  should  be  recorded.  A  director,  a 
treasurer  and  a  clerk  should  be  elected,  in  conformity  to  Sec.  492.  But 
in  single  districts,  the  district  board  becomes  ex-officio  the  free  high 
school  board,  and  in  cities  that  are  under  the  jurisdiction  of  county 
superintendents,  the  board  of  education  likewise  becomes  the  free 
high  school  board.  When  two  or  more  towns  unite  in  forming  a  free 
high  school  district  a  special  election  of  free  high  school  officers  must 
be  held  subsequent  to  the  vote  on  the  organization  of  the  high  school. 
Due  notices  of  such  election  must  be  posted  by  the  respective  town 
boards. 


District  officers.  SECTION  492.  The  officers  of  each  such  dis- 
trict shall  be  a  director,  treasurer  and  clerk,  whose  terms  shall 
be  each  three  years,  beginning  with  the  annual  town  meeting, 
and  until  his  successor  shall  have  been  chosen ;  provided,  that 
at  the  first  election  the  clerk  shall  be  chosen  for  one  year,  the 
treasurer  for  two  years  and  the  director  for  three  years,  and  all 
of  said  officers  may  be  chosen  first  at  the  same  election  at  which 
the  question  of  establishing  a  high  school  is  submitted,  to  take 
their  offices  if  the  resolution  therefor  be  adopted.  Thereafter 
such  officers  shall  be  elected  at  the  annual  town  meeting  or  char- 
ter election.  The  votes  cast  shall  be  canvassed  and  the  result 
declared  and  certified  as  provided  in  the  preceding  sections. 
But  in  all  cities  not  under  a  county  superintendent  which  now 
constitute  free  high  school  districts  or  which  shall  hereafter 
adopt  the  resolution  provided  for  in  section  490  and  become 
free  high  school  districts,  the  board  of  education  in  each  such 
city  shall  be  the  high  school  board  and  the  city  treasurer  shall 
be  ex  officio  the  treasurer  of  the  high  school  district  unless  the 
board  of  education  embrace  a  treasurer;  and  in  all  districts 
maintaining  a  graded  school  of  not  less  than  two  departments 
which  now  constitute  free  high  school  districts  or  which  shall 
hereafter  adopt  said  resolution,  the  district  board  in  each  shall 
be  the  high  school  board  and  the  district  treasurer  shall  be  the 
treasurer  of  the  high  school  district.  Whenever  a  subdistrict 
shall  vote  to  establish  and  maintain  a  free  his;h  school,  such  sub- 
district  shall  constitute  fa  free  high  school  district,  shall  elect  a 
free  high  school  board,  the  clerk  for  one  year,  the  treasurer  for 
two  vears  and  the  director  for  three  years;  thereafter  one  offi- 
cer shall  be  elected  annually  in  place  of  the  one  whose  term  ex- 
pires at  the  annual  meeting  of  such  sub-district,  and  such  high 
school  board  shall  perform  all  the  duties  and  have  the  same  au- 
thority as  high  school  boards  in  towns  or  districts.  The  clerks 
shall  certify  all  taxes  levied  for  high  school  purposes  to  the  town. 


126  SCHOOL  LAWS   OF  WISCONSIN. 

city  or  village  clerk,  who  shall  apportion  the  same  upon  the  tax- 
able property  of  the  sub-district,  and  the  treasurers  of  such  mu- 
nicipality shall  collect  the  taxes  thus  apportioned  and  pay  over 
the  same  to  a  high  school  treasurer  and  return  the  delinquent 
taxes  to  the  county  treasurer  as  in  other  cases.  Where  a  high 
school  district  consists  of  two  or  more  towns  or  a  village  and  one 
or  more  towns,  the  officers  thereof  shall  be  elected  for  the  same 
terms  as  in  other  districts  by  joint  vote  of  the  town  boards  of 
such  towns  or  the  board  or  boards  of  the  town  or  towns  and 
village  which  have  united  in  forming  such  district.  Such  town 
boards  shall  hold  their  first  meeting  to  elect  officers  at  two  o'clock 
P.  M.  on  the  first  Tuesday  following  the  town  meeting  at  the 
office  of  the  clerk  of  the  town  having  the  largest  population,  and 
thereafter  shall  meet  for  such  purpose  at  the  same  time  at  such 
place  as  may  be  determined  upon.  The  first  meeting 
of  the  board  or  boards  of  a  town  or  towns  with  the  board  of  any 
village  which  forms  such  a  district  shall  be  held  at  two  o'clock 
P.  M.  on  the  first  Tuesday  next  following  the  village  election  at 
the  office  of  the  village  clerk;  all  subsequent  meetings  shall  be 
held  at  the  same  time  at  such  place  as  may  be  determined  upon. 
A  majority  of  all  the  members  of  such  boards  shall  be  necessary 
to  constitute  a  quorum.  The  secretary  of  the  meetings  of  such 
boards  shall  certify  the  names  of  the  officers  of  the  district 
elected  thereat  to  all  the  clerks  of  towns  and  the  clerk  of  the  vil- 
lage in  the  district.  The  officers  so  elected  shall  have  the  same 
authority,  be  charged  with  the  same  duties  and  be  under  the  same 
liabilities  as  other  officers  of  such  districts. 

High  school  board — Township  system.  Chapter  253,  laws  of 
1901.  SECTION  1.  (492a)  The  town  board  of  school  directors 
in  any  township  now  organized  or  which  may  be  hereafter  or- 
ganized under  the  township  system  of  school  government,  shall 
be  and  is  hereby  constituted  the  free  high  school  board  for  the 
town  as  a  free  high  school  district.  In  such  cases  the  secretary 
of  the  town  board  of  school  directors,  shall  be  ex-officio  clerk, 
the  president  of  the  board  shall  be  ex  officio  director,  and  the 
town  treasurer  shall  be  ex-officio  treasurer  of  the  free  high  school 
board  of  said  district.  Said  board  is  hereby  authorized  to  per- 
form all  and  singular  the  duties  prescribed  by  law  for  free  high 
school  officers  and  boards,  and  the  function  and  duty  of  free 
high  school  boards  heretofore  organized  and  acting  as  such 
in  a  free  high  school  district  consisting  of  a  town  having  the 
township  system  of  school  government,  shall  cease  and  be  of  no 


FREE  HIGH  SCHOOLS.  127 

effect  on  and  after  the  lawful  surrender  of  records,  papers,  mon- 
eys and  other  property  as  hereinafter  provided.  The  records 
and  accounts  of  the  board  created  by  this  act  shall  be  kept  sepa- 
rate and  distinct  from  the  records  and  accounts  which  the  said 
board  are  required  to  keep  as  a  town  board  of  school  directors. 
The  free  high  school  board  in  any  existing  free  high  school  dis- 
trict composed  of 'a  single  town  organized  under  the  township 
system  of  school  government,  is  hereby  authorized  and  directed, 
immediately  upon  the  passage  of  this  act,  to  deliver  to  the  care 
and  custody  of  the  free  high  school  board  herein  provided  for  in 
such  cases,  all  records,  papers,  money,  and  other  proper tv  of  the 
free  high  school  district,  and  the  free  high  school  board  herein 
provided  for  shall  accept  the  care  and  custody  of  such  records, 
papers,  money,  and  other  property  and  use  them  for  and  in  be- 
half of  the  free  high  school  district  in  conformity  to  law. 

Officers'  duties;  other  statutes  apply.  SECTION  493.  Such  of- 
ficers shall  constitute  the  high  school  board,  and  shall  conduct 
the  affairs  of  the  high  school  district  on  the  same  general  plan 
provided  for  a  school  district,  and  possess,  with  respect  to  such 
high  school  district,  all  the  powers  and  be  charged  with  all  the 
duties  conferred  and  imposed  by  these  statutes  on  the  district 
officers  and  district  board  of  a  school  district  applicable  to  such 
high  school  district;  the  treasurer  shall  give  a  like  bond,  to  be 
approved  and  filed  in  a  similar  manner.  The  high  school  dis- 
trict clerk  shall  make  a  similar  report  to- that  required  by  section 
462,  omitting  the  first  subdivision.  The  board  may  grade  such 
school  and  establish  the  branches  of  study  to  be  taught  therein, 
under  the  advice  of  the  state  superintendent.  Every  forfeiture 
and  punishment  for  neglect  or  violation  of  duty  in  a  school  dis- 
trict officer  shall  apply  to  a  high  school  district  officer  for  like 
neglect  or  violation.  The  reports  of  free  high  schools  in  cities 
not  under  a  county  superintendent  shall  be  included  in  the  re- 
ports from  such  cities  to  the  state  superintendent. 

The  officers,  if  elected,  are  to  bear  the  same  names  and  are  elected 
for  the  same  terms  as  like  officers  in  school  districts.  In  cities  inde- 
pendent of  the  county  superintendent,  the  board  of  education, — and  in 
single  districts,  the  district  board,  or  under  the  township  system  the 
town  board  of  school  directors  becomes  the  free  high  school  board, 
without  action  on  the  part  of  the  people  at  the  time  of  voting  on  the 
adoption  of  the  system. 

The  duties  of  the  several  officers  and  of  the  boards  are  similar  to 
those  of  district  officers  and  boards.  The  clerk  is  to  report  directly 
to  the  county  superintendent,  but  in  cities  independent  of  that  officer, 


128  SCHOOL  LAWS   OF  WISCONSIN. 

the  report  must  be  made  by  the  city  superintendent  or  by  the  board  of 
education,  and  incorporated  in  the  report  of  other  matters  to  the 
state  superintendent.  Section  496  provides  for  a  financial  report  to 
be  made  in  duplicate  for  each  free  high  school  directly  to  the  state 
superintendent. 

Schools  free;  teachers' qualifications.  SECTION  494.  All  such 
high  schools  shall  be  free  to  all  pupils  resident  in  the  district. 
Every  principal  of  such  school  shall,  in  addition  to  his  qualifica- 
tions as  teacher  of  a  common  school,  be  a  graduate  of  some  uni- 
versity, college  or  normal  school,  hold  a  state  certificate  or  pass 
an  examination  in  the  studies  required  to  be  taught  in  any  such 
school ;  provided,  the  state  certificates  authorized  by  law  and  the 
certificates  authorized  by  section  49  Qa  shall  qualify  their  holders 
both  as  principals  and  as  teachers  of  common  schools ;  and  each 
principal  and  assistant  teacher  in  a  free  high  school  shall  be  eli- 
gible to  teach  only  on  approval  of  his  certificate  by  the  state  su- 
perintendent ;  and  the  high  school  board  or  boards  of  education 
having  charge  of  such  schools  shall  determine,  with  the  advice 
and  consent  of  such  superintendent,  the  course  of  study  and  min- 
imum standard  of  qualification  for  admission  to  the  same. 

The  state  superintendent  will  require  each  assistant  in  such  schools 
to  furnish  evidence  of  his  qualifications  to  teach  every  branch  assigned 
him  in  the  school  course.  Every  assistant  in  a  free  high  school  who 
does  not  hold  a  state  certificate  or  a  countersigned  diploma  should 
therefore  secure  the  superintendent's  approval  of  his  qualifications  be- 
fore the  beginning  of  the  fall  term  of  school.  Only  thus  can  he  make 
a  legal  contract,  or  the  school  be  entitled  to  the  aid  provided  by  law. 
Each  assistant  should  send  to  the  state  superintendent  a  local  certifi- 
cate that  includes  all  the  branches  he  is  required  to  teach,  and  which 
continues  in  force  during  the  time  for  which  he  wishes  his  certificate 
to  be  approved,  should  he  desire  to  teach  branches  that  are  not  in- 
cluded in  the  highest  certificate  that  the  local  authority  is  authorized 
to  issue,  the  state  superintendent  will  provide  for  his  examination  in 
such  topics. 

Diplomas  and  standings  from  reputable  colleges  and  state  normal 
schools  not  in  the  state  will  receive  due  credit,  if  accompanied  by 
proper  local  certificates.  (See  countersignature  of  diplomas.) 


Residents  of  towns  and  villages  without  high  schools  may  attend 
high  schools  in  other  districts.  (Chapter  188,  Laws  of  1901.) 
SECTION  1.  The  free  high  school  board  of  any  free  high  school 
district  organized  under  the  laws  of  this  state,  shall  admit  to 
the  high  school  under  its  control,  whenever  the  facilities  for  seat- 
ing and  instruction  will  warrant,  any  person  of  school  age  pre- 
pared to  enter  such  school,  who  may  reside  in  any  town  or  in- 
corporated village,  but  not  within  any  free  high  school  district. 


FREE  HIGH   SCHOOLS.  129 

Persons  so  admitted  shall  be  entitled  to  the  same  privileges  and 
be  subject  to  the  same  rules  and  regulations  as  pupils  of  the 
school  who  are  residents  of  the  free  high  school  district. 

SECTION  2.  Whenever  persons  not  residing  in  any  free  high 
school  district  as  herein  provided,  enter  any  free  high  school, 
the  free  high  school  board  of  that  district  shall  be  entitled  and 
is  hereby  authorized  to  charge  a  tuition  fee  for  such  pupils  not 
to  exceed  fifty  cents  per  week.  On  or  before  the  first  day  of 
July  in  each  year,  the  secretary  of  the  free  high  school  board 
shall  make  a  sworn  statement  to  the  clerk  of  the  city,  town  or 
village  from  which  any  person  may  have  been  admitted  to  said 
free  hi^h  school.  Said  statement  shall  set  forth  the  residence, 
name,  age  and  date  of  entrance  to  such  school,  and  number  of 
months  attendance  during  the  preceding  school  year  of  each 
person  so  admitted  from  such  city,  town  or  village;  this  state- 
ment shall  show  the  amount  of  tuition  which,  under  the  pro- 
visions of  this  act,  the  district  is  entitled  to  receive  for  each  per- 
son reported  as  having  been  a  member  of  the  school  from  such 
city,  town  or  village,  and  the  aggregate  sum  for  tuition  for  all 
persons  so  admitted  from  each  city,  town  or  village. 

SECTION  3.  The  village  clerk  shall  enter  upon  the  tax  roll  of 
the  village  for  the  ensuing  year  such  sums  as  may  be  due  for 
tuition  on  account  of  residents  of  the  village  who  have  attended 
such  free  high  school  or  schools,  and  the  amounts  so  entered 
shall  be  collected  when  and  as  other  taxes  are  collected,  and 
shall  be  paid  by  the  village  treasurer  when  so  collected,  to  the 
treasurer  of  the  free  high  school  board  or  boards  of  the  district' 
or  districts  where  such  persons  have  attended  the  free  high 
school  or  schools. 

SECTION  4.  The  clerk  of  any  town  not  having  within  its  ter- 
ritory a  free  high  school  district,  shall  enter  upon  the  tax  roll 
of  the  town  for  the  ensuing  year  such  sums  as  may  be  due  for 
tuition  on  account  of  residents  of  the  town  who  have  attended 
euch  free  high  school  or  schools,  and  the  amounts  so  entered 
shall  be  collected  when  and  as  other  taxes  are  collected,  and 
shall  be  paid  by  the  town  treasurer  when  so  collected,  to  the 
treasurer  of  the  free  high  school  board  or  boards  where  such  per- 
sons have  attended  the  free  .high  school  or  schools. 

SECTION  5.  The  town  clerk  of  any  town  or  city,  a  portion  of 
which  constitutes  or  forms  a  part  of  a  free  high  school  district, 
shall  enter  upon  the  tax  roll  for  that  part  of  the  town  or  city, 
not  within  a  free  high  school  district,  such  sums  as  may  be  due 
for  tuition  on  account  of  residents  of  the  portion  of  the  town  or 
9 


130  SCHOOL   LAWS   OF   WISCONSIN. 

city,  .that  have  attended  such  free  high  school  or  schools,  and 
the  amounts  so  entered  shall  be  collected  when  and  as  other 
taxes  are  collected,  and  shall  be  paid  by  the  town  or  city  treas- 
urer when  so  collected  to  the  treasurer  of  the  free  high  school 
board  or  boards  of  the  district  or  districts  where  such  persons 
have  attended  the  free  high  school  or  schools. 

This  statute  is  far-reaching  in  its  application.  Under  it  all  per- 
sons of  school  age  prepared  for  admission  to  a  high  school  whether 
residing  in  districts  having  free  high  schools  or  in  districts  having 
no  free  high  schools  are  privileged  to  secure  the  advantages  of  a  high 
school  education  without  the  payment  of  tuition.  The  plan  of  pro- 
cedure is  made  clear  in  the  law  itself. 

Taxes,  apportionment  of.  SECTION  495.  The  high  school 
board  shall  annually,  on  or  before  the  second  Monday  in  Sep- 
tember, meet  and  determine  the  amount  necessary  to  be  raised 
by  tax  for  the  support  of  such  high  school,  and  certify  the  same 
to  the  proper  town,  city  or  village  clerk;  if  a  joint  high  school 
district  they  shall  certify  to  the  clerk  of  each  town  or  to  such 
clerk  and  the  village  clerk  the  proportionate  amount  thereof 
to  be  raised  by  such  town  or  Village,  such  proportion  to  be  deter- 
mined according  to  the  total  valuation  of  all  the  taxable  prop- 
erty therein  as  equalized  by  the  boards  of  review,  statements  of 
which  shall,  as  soon  as  the  assessment  is  complete,  be  sent  by 
the  respective  town  or  village  clerks  to  the  clerk  of  such  district. 
Such  tax  shall  be  apportioned  on  the  next  tax  roll  by  such  clerk 
or  other  officer  making  the  same,  and  collected  and  returned  as 
other  taxes,  and  paid  to  the  high  school  district  treasurer.  Such 
moneys  shall  be  paid  out  only  on  orders  drawn  and  counter- 
signed as  prescribed  in  case  of  school  districts.  Any  town 
which  is  a  single  high  school  district  may,  by  resolution  adopt- 
ed at  the  annual  town  meeting,  limit  the  amount  to  be  raised 
for  high  school  purposes  during  such  year.  In  case  of  a  ioint 
high  school  district,  the  town  boards  of  the  several  towns  or  of 
the  town  and  village  or  towns  and  villages  embraced  may  by 
joint  resolution  adopted  by  all  such  boards  before  the  first  day  of 
July,  likewise  limit  the  amount  to  be  raised  therein. 

The  certificate  of  the  amount  of  tax  necessary  to  be  raised  is  to  be 
made  in  September.  Towns  having  a  high  school  may,  by  vote,  limit 
the  amount  of  tax;  but  otherwise  the  amount  of  annual  tax  levy  for 
this  purpose  is  finally  determined  by  the  board. 

The  taxes  levied  by  the  board  of  a  joint  free  high  school  district 
cannot  be  affected  by  the  action  of  the  board  or  of  the  electors  of  any 
town  in  the  district.  If  the  amount  to  be  raised  is  legally  appor- 
tioned to  the  town,  the  clerk  thereof  must  include  it  in  the  tax  roll, 
notwithstanding  directions  from  the  town  board  and  the  electors  at 


FREE  HIGH  SCHOOLS— STATE  AID.  131 

the  town  meeting  to  the  contrary.  "The  refusal  of  one  town  or  any 
number  of  towns  (at  least  any  number  less  than  the  whole),  in  a  joint 
free  high  school  district,  to  levy  and  collect  taxes  on  the  taxable  prop- 
erty in  any  such  town  to  pay  its  due  proportion  of  the  expenses  of 
maintaining  the  school  when  such  proportion  has  been  lawfully 
ascertained,  cannot  disorganize  or  dissolve  the  joint  district  or  relieve 
the  clerk  of  any  such  defaulting  town  of  the  duty  of  inserting  the 
proper  sum  in  the  tax  roll  of  his  town."  State  v.  Lament,  86  Wis.,  563. 

Borrowing  money.  (Chap.  342,  Laws  of  1901.)  For  the 
purposes  expressed  in  section  474  of  the  statutes  of  1898  and 
chapter  40  of  the  laws  of  1901,  any  high  school  district  board 
is  hereby  authorized  and  empowered  to  borrow  money  when- 
ever directed  by  the  electors  of  such  high  school  district  assem- 
bled at  a  meeting  regularly  called  and  held  for  that  purpose, 
pursuant  to  the  provisions  of  section  427  of  the  statutes  of  1898. 
The  payment  thereof  shall  be  provided  for  by  said  board  by  a 
tax  to  Be  raised  and  certified  as  provided  in  this  section. 

State  aid,  how  obtained.  SECTION  496.  (Statutes  of  1898,  as 
amended  by  Chap.  214,  Laws  of  1899,  as  amended  by  Chap  345, 
Laws  of  1901.)  Any  high  school  district  which  shall  have 
established  a  free  high  school  according  to  the  provisions  of  these 
statutes,  and  shall  have  main'tained  the  same  for  not  less  than 
three  months  in  any  school  year,  shall  be  entitled  to  receive 
from  the  general  fund  of  the  state  annually  one-half  of  the 
amount  actually  expended  for  instruction  in  its  high  school 
during  such  year  over  and  above  the  amount  required  by  law 
to  be  expended  for  common  school  purposes,  but  not  to  exceed 
in  one  year  five  hundred  dollars  to  one  district:  provided,  this 
limitation  shall  not  apply  to  the.  class  of  high  schools  designated 
in  section  49 la,  as  amended  by  this  act.  To  obtain  such  aid  the 
high  school  board,  or  in  cities  not  under  a  county  superintend- 
ent, the  president  and  secretary  of  -the  board  of  education  and 
the  treasurer,  shall  on  or  before  the  first  day  of  November,  re- 
port in  duplicate  to  the  state  superintendent,  under  their  oaths 
the  amount  actually  expended  for  instruction  during  the  pre- 
vious school  year,  specifying  the  several  items  thereof,  with  the 
date  and  the  object  of  each  fully.  Thereupon  said  superin- 
tendent shall  fix  the  amount  to  be  paid  such  district  and  certify 
the  same  to  the  secretary  of  state  with  one  of  such  reports  an- 
nexed; provided,  the  state  superintendent  may  withhold  such 
certificate  from  any  district  for  reasons  based  upon  failure  to 
comply  with  the  law  relating  to  free  high  schools  which  reason 
he  shall  transmit  to  the  school  board  thereof  on  or  before  the 


132 


SCHOOL  LAWS   OP  WISCONSIN. 


thirteenth  day  of  the  next  succeeding  June.  On  such  certifi- 
cate, at  any  time  after  the  first  day  of  December,  the  certified 
amount  shall  be  paid  to  the  district  treasurer  out  of  the  state 
treasury.  The  secretary  of  state  shall  annually  include  and 
apportion  in  the  state  tax  all  such  sums  as  shall  have  been  so 
paid.  "Whenever,  by  any  neglect  or  omission,  any  free  high 
school  shall  fail  to  have  apportioned  to  it  its  share  of  state  aid, 
the  state  superintendent  may,  after  the  time  hereinbefore  fixed 
for  such  apportionment  by  him,  fix  an  amount  ten  per  centum 
less  than  the  amount  which  such  school  would  have  been  en- 
titled to  had  it  complied  with  the  provisions  of  this  section, 
and  certify  the  same  to  the  secretary  of  state  with  the  report 
of  such  district  annexed  thereto,  and  the  secretary  of  state  shall 
thereupon  draw  his  warrant  for  such  amount  or  amounts 
in  favor  of  such  district.  The  whole  amount  annually  paid 
under  the  provisions  of  this  section  shall  not  exceed  seventy- 
five  thousand  dollars,  and  if  more  be  demanded  by  such  dis- 
tricts they  shall  be  paid  proportionally;  provided,  that  if  the 
whole  amount  authorized  to  be  paid  annually  in  aid  of  free 
high  schools  as  provided  by  section  49 1&  as  amended  by  this 
act,  is  not  demanded  or  expended  under  the  provisions  of  that 
section  then  the  unexpended  balance  of  the  amount  therein  an- 
nually authorized  to  be  paid  in  aid  of  such  schools  may  be  added 
to  and  apportioned  among  the  free  high  schools  provided  for 
in  sections  490  and  491;  but  no  more  than  one  hundred  thou- 
sand dollars  shall  be  apportioned  to  both  classes  of  schools  in 
any  one  year. 

By  this  amendment,  the  appropriation  heretofore  allotted  to  the  free 
high  schools  of  Wisconsin  is  doubled  and  one  hundred  thousand  dol- 
lars instead  of  fifty  thousand  dollars,  as  heretofore,  is,  by  this  act,  to 
be  hereafter  apportioned  to  the  high  schools. 

This  section  also  authorizes  the  state  superintendent  to  withhold 
the  state  aid  from  any  free  high  school  district  for  failure  to  comply 
with  the  free  high  school  law,  and  the  reasons  for  so  withholding  such 
aid  shall  be  transmitted  in  writing  to  the  free  high  school  board  on  or 
before  the  13th  day  of  the  preceding  June.  This  clause  is  designed  to 
protect  those  schools  complying  with  the  law  from  loss  of  money  in 
the  pro  rata  apportionment. 

The  state  superintendent  is  required  by  law  to  approve  the  qualifi- 
cations of  each  principal  and  each  assistant  in  the  free  high  school, 
and  to  approve  its  course  of  study.  If  deficiencies  shall  be  known  to 
exist  in  any  school  in  these  or  other  essentials  for  the  successful  work 
of  the  school,  the  state  superintendent  will  correspond  with  the  board 
in  relation  thereto.  If  the  subjects  of  inquiry  are  found  to  be  prac- 
tices that  are  in  neglect  or  defiance  of  laws  relating  to  these  schools, 
the  state  superintendent  will  transmit  to  the  free  high  school  board 


FREE  HIGH  SCHOOLS— COURSE  OF  STUDY. 

notification  of  a  purpose  to  withhold  the  certificate  from  the  secretary 
of  state,  as  provided  in  the  amendment. 

Every  free  high  school  may  share  in  the  aid  offered  by  this  section 
f  it  shall  have  maintained  a  school  taught  by  qualified  teachers  for 
three  months  of  the  year  for  which  aid  is  sought;  shall  have  estab- 
lished and  maintained  a  course  of  study  approved  by  the  state  super- 
intendent; shall  have  expended  during  the  year  for  instruction  in  the 
high  school,  exclusive  of  the  cost  of  maintaining  a  common  school,  an 
amount  equal  to  twice  the  sum  claimed  as  aid,  and  shall  report  as  re- 
quired by  this  section. 


Supervision  and  course  of  study.  SECTION  4960,  (as  amended 
by  Chap.  439,  Laws  of  1901).  The  state  superintendent 
shall  prepare  a  course  or  courses  of  study  suitable  to 
be  pursued  in  free  high  schools,  publish  the  same  and 
furnish  the  same  upon  application.  Pie  shall  exercise  such  per- 
sonal supervision  and  make  such  personal  inspection  of  the 
work  of  all  such  schools  as  tLey  seem  to  require  and  the  other 
duties  of  his  office  may  warrant;  he  shall  examine  or  cause  to 
be  examined  all  teachers  of  high  schools,  required  by  law  to 
pass  special  examinations  to  qualify  them  for  teaching  in  high 
schools,  and  grant  certificates  to  such  as  pass  examinations 
satisfactorily,  which  certificates  shall  be  in  such  form  ani  for 
such  time  as  he  may  prescribe,  and  shall  authorize  the  holder 
to  teach  in  such  special  place  or  places,  or  in  the  whole  state, 
as  the  qualifications  of  the  candidate  may  warrant.  Each 
free  high  school  shall  offer  at  least  a  twelve  weeks7  course  of 
instruction  each  year  in  the  theory  and  art  of  teaching;  in  the 
organization,  management,  and  course  of  study  of  ungraded 
schools;  and  in  the  duties  of  citizens  in  the  organization  and 
administration  of  local  school  systems.  Such  a  course  of  in- 
struction shall  be  open  to  all  students  in  this  school  and  a  sat- 
isfactory standing  in  the  work  of  this  course  shall  be  a  con- 
dition precedent  to  the  countersignature  of  a  diploma  held  by 
a  graduate  of  the  school  as  provided  in  section  1  of  this  act. 
Said  superintendent  shall  furnish  suitable  blanks  for  annual 
and  special  reports  for  all  such  schools,  which  shall  require  re- 
turns as  to  the  number,  age  and  sex  of  all  pupils  enrolled,  the 
number  in  each  class  or  year  in  the  course  of  study,  the-  num- 
ber pursuing  English  branches  only,  the  number  completing 
the  course  of  study  each  year  and  such  other  statistics  as  may 
be  deemed  necessary. 

Courses  of  study  are  furnished  by  the  state  superintendent,  which 
indicate  the  scope  of  the  work  required  by  this  department.  Such 


j_3£  SCHOOL   LAWS    OF   WISCONSIN. 

modifications  as  may  be  thought  necessary  to  adapt  these  courses  to 
local  needs  require  the  approval  of  the  state  superintendent. 

When  teachers  of  free  high  schools  are  required  to  teach  branches 
which  are  not  embraced  in  any  of  the  certificates  which  the  local 
superintendents  are  authorized  to  issue,  the  state  superintendent  will 
provide  for  their  examinations  in  such  topics,  but  he  will  require 
teachers  to  seek  certification  from  local  examiners  in  all  branches  in- 
cluded in  fthe  first  grade  certificate. 

This  section  will  also  be  found  printed  in  its  connection  with  chapter 
439. 

Manual  training.  SECTION  49 Qb.  Any  board  having  charge 
of  a  free  high  school  or  of  a  high  school  having  a  course  of 
study  equivalent  to  the  course  or  courses  prescribed  by  the 
state  superintendent  for  such  schools  may  establish  and  main- 
tain a  department  of  manual  training  in  connection  with  the 
school  under  its  management.  The  expense  of  maintaining 
such  department  shall  be  provided  for  in  the  same  manner  as 
other  expenses  of  maintaining  high  schools,  and  such  depart- 
ment shall  be  under  the  management,  direction  and  control 
of  such  board.  The  state  superintendent  shall,  so  far  as  his 
other  duties  may  warrant,  give  such  information  and  assistance 
as  may  seem  necessary  in  organizing  and  maintaining  such  de- 
partments, and  in  arranging  schemes  and  outlines  of  work; 
and  with  the  aid  of  the  inspector  of  high  schools  shall  have  tho 
general  supervision  of  all  manual  training  departments  estab- 
lished under  this  section;  shall  from  time  to  time  inspect  the 
same,  make  such  recommendations  relating  to  'their  manage- 
ment as  he  may  deem  necessary,  and  make  such  report  thereon 
as  shall  give  full  information  concerning  their  number,  char- 
acter and  efficiency.  The  state  superintendent  shall  establish 
a  standard  of  qualification  for  all  teachers  in  such  department, 
and  may  grant  special  certificates  to  such  applicants  as  are  fully 
qualified  to  instruct  in  special  lines  of  manual  work,  which  cer- 
tificates shall  be  in  such  form  and  for  such  time  as  he  may  pre- 
scribe, and  shall  be  regarded  as  qualifying  the  holders  thereof 
to  teach  in  any  manual  training  department. 

State  aid  for  manual  training  department.  SECTION  49 6c, 
(as  amended  by  Chap.  273,  Laws  of  1899).  Any  high 
school  whose  course  of  study  or  outline  of  work  in 
manual  training  has  been  approved  by  the  state  superintendent, 
and  whose  teacher  has  been  qualified  may,  upon  application, 
be  placed  upon  an  approved  list  of  schools  maintaining  manual 
training  departments.  A  school  once  entered  upon  such  list 


HIGH  SCHOOLS— MANUAL  TRAINING.  135 

may  remain  there  and  be  entitled  to  state  aid  so  long  as  the 
scope  and  character  of  its  work  are  maintained  in  such  manner 
as  to  meet  the  approval  of  such  superintendent.  On  the  first 
day  of  July  in  each  year  the  clerk  of  each  school  board  main- 
taining a  school  on  the  approved  list  or  the  city  superintendent 
of  any  city  where  such  an  approved  school  is  maintained,  shall 
report  to  the  state  superintendent  in  such  form  as  may  be  re- 
quired, setting  forth  the  facts  relating  to  the  cost  of  maintain- 
ing the  manual  training  department  thereof,  the  character  of 
the  work  done,  the  number  and  names  of  'teachers  employed, 
and  the  length  of  time  such  department  was  maintained  during 
the  preceding  year.  And  upon  the  receipt  of  such  report,  if 
it  shall  appear  that  the  department  has  been  maintained  in  a 
satisfactory  manner  for  a  period  of  not  less  than  six  months 
during  the  year,  the  said  superintendent  shall  make  a  certifi- 
cate to  that  effect  and  file  it  with  the  secretary  of  state.  Upon 
receiving  such  certificate  the  secretary  of  state  shall  draw  his 
warrant  for  two  hundred  and  fifty  dollars  payable  to  the  treas- 
urer of  the  district  or  corporation  maintaining  the  school;  pro- 
vided, that  the  total  amount  expended  for  such  purpose  shall 
not  exceed  five  thousand  dollars  in  any  year. 

This  is  an  amendment  to  section  496c,  of  the  Wisconsin  statutes, 
and  provides  that  twenty  manual  training  departments  in  connection 
with  high  schools  may  be  established  and  maintained  subject  to  the 
approval  of  the  state  superintendent.  The  law  formerly  provided  for 
but  ten  such  schools.  The  appropriation  remains  the  same,  two  hun- 
dred and  fifty  dollars  to  each  manual  training  school  lawfully  estab- 
lished and  maintained. 

This  law  recognizes  manual  training  as  a  legitimate  part  of  the 
work  of  public  schools,  and  authorizes  departments  for  manual  train- 
ing to  be  maintained  by  taxation,  as  other  departments  of  public 
schools  are  maintained.  The  authority  to  maintain  such  departments, 
it  will  be  observed,  is  limited  to  such  corporations  and  districts  as 
maintain  high  schools  with  courses  of  study  equivalent  to  the  courses 
prescribed  for  the  use  of  free  high  schools. 

SCOPE  OF  THE  WORK. 

(a)  The  scheme  of  work  should  cover  at  least  two  years  of  time, 
and  should  be  of  a  character  to  afford  advantages  to  both  sexes  and  all 
classes  represented  in  the  school. 

(b)  Specifically,   the   scheme   should   include   instruction   and   exer- 
cises in  free  hand  and  mechanical  drawing. 

(c)  Instruction  and  exercises  in  bench  work  in  wood — sawing,  plan- 
ing, tenons,  mortises,  joinery,  inlaid  work,  etc.,  etc. 

(d)  Instruction  and  exercises  in  lathe  work  in  wood — wood  turning, 
face-plate  and  center  turning,  polishing  and  simple  designing. 

(e)  Instruction     and     exercises  in  blacksmithing — elementary  pro- 
cesses of  the  forge — welding,  forging  and  tempering. 


SCHOOL  LAWS   6F 

(f)  Lathe  work  in  metal — metal  turning,  use  of  machine  and  hand 
tools  in  metal  work;  exercises  devised  to  develop  uses  of  tools. 

The  above  lines  of  work  may  be  expanded  almost  indefinitely^  as 
facilities  are  provided,  and  the  course  is  extended,  to  include  pattern- 
making,  moulding,  casting,  etc.;  by  introducing  exercises  in  wood 
carving,  in  the  use  of  carving  tools  in  ornamental  line  work,  and  the 
shaping  of  simple  designs  in  low  relief.  Drawing,  also,  may  be  ex- 
tended to  include  architectural  drawing  and  designing. 

(g)  Instruction  and  exercises  in  sewing — forms  of  stitches,  piecing, 
hemming,  darning,  mending,  patching,  making.     As  facilities  are  pro- 
vided, cutting,  fitting  and  making  garments  in  cotton,  wool  and  other 
fabrics  may  be  voluntarily  added. 

(h)  Instruction  and  exercises  in  cooking — study  of  foods,  dietetic 
values  and  combinations;  uses  and  processes  of  cooking;  preparation 
of  common  foods — soups,  meat,  vegetables,  bread,  tea,  coffee,  cocoa, 
cakes,  pies,  puddings,  etc.,  etc. 

QUALIFICATIONS  OF  TEACHERS. 

r 

It  is  deemed  unwise  at  present  to  determine  that  teachers  in  manual 
training  departments  shall  pass  examinations  in  literary  branches 
or  mechanical  proficiency.  Each  applicant  will  be  judged  as  to  fitness 
by  literary  and  mechanical  training,  and  upon  evidence  of  intelligent 
apprehension  of  the  methods,  aims  and  purposes  of  manual  training. 
It  is  to  be  constantly  borne  in  mind  that  manual  training  is  a  form 
of  education;  a  method  by  which  the  senses  of  sight,  hearing,  touch, 
and  all  muscular  energy  are  called  into  activity,  to  cultivate  precision 
and  multiplicity  of  perception,  the  correlation  and  co-ordination  of 
processes  of  reasoning  and  reflection,  which  result  in  variety  and  ac- 
curacy of  judgment.  The  product  of  these  processes  is  higher, 
broader  mental  culture,  as  well  as  mechanical  skill;  that  the  latter 
should  be  the  sign  and  token  of  the  former;  and  that  only  such  as  dis- 
cern this  significance  in  manual  training  should  be  entrusted  with  the 
management  of  such  departments.  The  manual  training  schools,  and 
the  mechanical  engineering  department  of  the  university  of  our  own 
state  and  those  of  other  states,  should  furnish  an  adequate  supply  of 
competent  teachers.  ,  tj 

EQUIPMENT  AND  WORK  REQUIRED. 

The  equipment  and  work  should  be  progressive.  No  attempt  should 
be  made  to  fully  equip  or  determine  the  work  of  the  department  at 
once.  Bench  work  and  lathe  work  in  wood,  with  free  hand  and  me- 
chanical drawing  should  be  inaugurated  the  first  year.  This  is  all 
that  will  be  required  if  sewing,  cooking,  and  advanced  work  in  metal 
are  outlined  in  the  scheme  of  work  to  be  commenced  not  later  than 
the  second  year.  Each  scheme,  as  presented  for  approval,  will  be  con- 
sidered in  relation  to  the  locality  for  which  it  is  designed. 

The  question  has  arisen  whether  manual  training  should  be  In- 
cluded in  and  made  a  part  of  a  definite  and  prescribed  course  of  study 
in  the  high  school.  This  is  the  practice  of  some  schools,  that  have 
literary  and  manual  training  courses.  But  it  is  not  deemed  wise  to 
require  this.  A  limit  should  be  made  by  local  regulation,  confining 
manual  training  to  a  maximum  of  four  and  one-half  hours  per  week, 
per  pupil,  which  will  include  the  drawing.  Programmes  should  be 
so  arranged  that  this  work  can  be  taken  without  interference  with 
recitations  in  literary  courses. 


XIIL-APPEALS. 


Appeals  to  state  superintendent.  SECTION  497..  Any  person 
conceiving  himself  aggrieved  by  any  decision  made  by  any 
school  district  meeting  or  by  any  town  board  in  forming  or  alter- 
ing or  in  refusing  to  form  or  alter  any  school  district,  or  by  any 
other  thing  done  by  any  officer  or  board  under  the  provisions  of 
this  chapter,  may  appeal  to  the  state  superintendent.  Such  ap- 
peals shall  be  taken  and  heard  in  the  manner  prescribed  by  him 
and  he  shall  make  and  file  his  decision  within  thirty  days  after 
the  hearing  thereof  is  closed.  The  decision  appealed  from  shall 
be  operative  until  the  same  shall  be  reversed ;  and  no  decision 
on  appeal  to  said  superintendent  made  by  him  after  the  lapse 
of  thirty  days  from  the  time  the  hearing  thereof  is  closed  shall 
be  effectual. 

SECTION  497a.  (Chap.  184,  Laws  of  1901.)  E~o  review  of 
the  decisions  of  the  state  superintendent  on  matters  decided  by 
him  shall  be  had  unless  proceedings  by  certiorari  or  other  appro- 
priate action  be  brought  within  thirty  days  after  such  determin- 
ation by  him,  or  in  cases  heretofore  decided  by  him,  within  thirty 
days  after  this  act  takes  effect. 

The  purpose  of  the  comments  in  the  preceding  pages  has  been  to 
make  plain  the  application  of  the  statutes  to  the  management  of  the 
affairs  of  school  districts.  It  should  be  borne  in  mind  that  the  state 
superintendent  can  render  no  decision  on  controverted  matters,  with- 
out giving  to  all  persons  interested  an  opportunity  to  be  heard.  An 
opinion  based  on  ex  parte  statements  is  valid  only  in  so  far  as  these 
statements  represent  fully  and  fairly  the  facts  in  the  case. 

The  law  commits  the  formation  and  alteration  of  school  districts 
and  the  management  of  public  schools  to  the  local  boards  and  com- 
munities in  which  they  are  situated.  A  multitude  of  facts,  pertinent 
to  a  wise  direction  and  control  of  school-district  affairs,  are  known 
by,  or  are  easily  accessible  to  the  local  authorities,  which  are  obtain- 
able, if  at  all,  only  with  very  great  difficulty  by  a  distant  tribunal. 
Where  the  local  boards  and  communities  are  guided  by  a  single  pur- 
pose to  subserve  the  public  good,  it  will  seldom  be  found  necessary 
to  take  the  appeal  for  which  the  section  provides.  It  often  happens, 


138  SCHOOL  LAWS   OF  WISCONSIN. 

however,  that  the  best  interests  of  schools  are  sacrificed  to  local  feel- 
ing or  to  personal  interests.  Persons  aggrieved  by  such  action  may 
appeal  to  the  state  superintendent,  but  in  doing  so  the  following  rules 
must  be  observed: 

RULES  RESPECTING  APPEALS. 

1.  An  appeal  must  be  in  writing,  addressed  to  the  state  superintend- 
ent, and  signed  by  the  appellant,  but  no  particular  form  of  statement 
is  necessary. 

2.  The  appeal  should  be  as  brief  as  is  consistent  with  a  complete 
statement  of  the  case.     It  should  set  forth  the  action  or  proceedings 
appealed  from,  and  the  reasons  why  such  action  should  be  set  aside. 
If  the  appeal  is  founded  upon  the  refusal  of  the  supervisors  to  act,  the 
reasons  why  the  action  asked  for  should  have  been  taken  by  such  su- 
pervisors, must  be  clearly  shown.     If  the  appeal  relates  to  the  forma- 
tion or  alteration  of  a  district,  a  map  or  plat  of  the  district  or  dis- 
tricts affected  by  the  order  from  which  the  appeal  is  taken,  showing 
the  boundaries,  location  of  the  schoolhouses  and  the  situation  of  the 
marshes,   rivers  and   bridges   of   the   territory   in   question   should   be 
presented  with  and  made  a  part  of  the  appeal.     A  statement  showing 
the  assessed  valuation  of  the  district  or  districts,  or  of  the  several 
parts  of  a  district  divided,  and  the  number  of  children  over  four  and 
under  twenty  years  of  age  residing  in  each,  should   accompany  the 
map,  and  form  a  part  of  the  papers  in  the  case.     When  the  papers  are 
completed,    they   should   be   fastened   together,    numbered   or   lettered 
for  reference,  and  an  affidavit  attached,  setting  forth  that  the  state- 
ments therein  made  are  true,  and  that  the  map,  list  of  children,  and 
valuation  of  property  are  correct.     The  affidavit  may  be  in  form  as 
follows: 

A.  B.,  being  duly  sworn,  deposes  and  says  that  the  statements  made 
in  the  above  appeal,  all  and  several,  are  true,  according  to  the  best  of 
his  knowledge  and  belief,  and  further  that  the  accompanying  map, 
list  of  children,  and  valuation  of  property  are  correct.* 

(Signed)  , 

Appellant. 

Sworn  to  and  subscribed  to  before  me  this day  of ,  190 — . 

C.  D., 
Justice  of  the  Peace. 

3.  A  complete  and  correct  copy  of  the  appeal  and  affidavit,  and  all 
accompanying  papers    should    be    made,    to  which    another    affidavit 
should  be  attached t  stating  that  they  are  correct  copies  of  the  papers 
in  the  case. 

The  form  of  the  affidavit  may  be  as  follows: 

A.  B.,  being  duly  sworn,  deposes  and  says  that  the  above  Is  a  full 
and  correct  copy  of  an  appeal,  and  all  accompanying  papers,  designed 
to  be  sent  to  the  state  superintendent. 

(Signed)  . 

Subscribed  and  sworn  to  before  me  this  day  of  190 — . 

C.   D., 
Justice  of  the  Peace. 

This  affidavit  should  be  made  upon  the  copy  only — not  upon  the 
original  appeal  that  is  to  be  sent  to  the  state  superintendent.  The 

*In  other  matters  than  formation  or  alteration  of  districts,  the  lat- 
ter part  of  the  affidavit  after  the  word  "belief,"  may  be  omitted,  or 
any  needed  change  may  be  made. 


APPEALS.  139 

copy  should  then  be  served  upon  the  party  from  whose  action  the  ap- 
peal is  taken,  either  by  handing  it  to  him,  or  leaving  it  at  his  resi- 
dence. If  the  appeal  is  from  the  action  of  the  supervisors,  the  chair- 
man of  the  board  is  a  suitable  party  upon  whom  to  serve  the  copy;  if 
from  the  proceedings  of  a  district  meeting,  upon  the  clerk  or  chair- 
man of  the  meeting.  It  should  not  be  served,  however,  upon  an  in- 
dividual who  did  not  sustain  the  action  appealed  from  as  in  that  case 
no  answer  is  likely  to  be  made. 

The  person  serving  the  copy  of  appeal  should  carry  with  him  the 
original  appeal,  so  that  the  party  from  whose  action  the  appeal  is 
taken  may,  if  willing,  admit  service  of  a  true  copy,  by  the  following 
form  indorsed  upon  the  original  appeal: 
I,  E.  F.,  do  hereby  admit  service  of  the  above  (or  within)  appeal. 

(Signed) 

In  case  no  such  admission  of  service  be  made,  the  appellant  will  ap- 
pend to  his  appeal  an  affidavit  of  the  following  form: 

A.  B.,  being  duly  sworn^  deposes  and  says  that  upon  the day  of 

,  190 — ,  he  did  serve  a  true  and  verified  copy  of  this  appeal,  and  all 

accompanying  papers,  upon  E.  F.,  by  handing  the  same  to  said  E.  F. 
(or  by  leaving  it  at  his  residence,  as  the  case  may  be). 

(Signed)  . 

Sworn  to  and  subscribed  before  me  this  day  of  190 — . 

C.  D!, 
Justice  of  the  Peace. 

When  several  persons  unite  in  making  an  appeal,  the  affidavits  may 
be  so  changed  as  to  admit  the  names  of  all  the  appellants,  and  each 
should  sign  the  appeal  and  subscribe  to  each  and  every  affidavit. 
When  the  action  appealed  from  is  the  action  of  several  persons,  it  is 
sufficient  to  serve  a  copy  of  the  appeal  upon  any  one  of  the  number, 
but  it  shoufd  always  be  served  upon  one  not  agreeing  with  the  appel- 
lants, that  an  answer  may  be  made. 

When  all  the  above  directions  are  complied  with,  the  original  papers 
are  ready  to  be  forwarded  to  the  state  superintendent. 

4.  An  appeal  should  be  taken  within  thirty  days  from  the  perform- 
ance of  the  act  appealed  from,  or  within  thirty  days  after  the  action 
complained  of  has  come  to  the  knowledge  of  the  appellant. 

THE  ANSWER. 

1.  The  appellee  has  fifteen  days  in  which  to  prepare  his  answer,  and 
all  the  directions  above  given   in  reference  to  the  preparation  and 
service  of  a  copy  of  the  appeal  papers,  should  be  complied  with  in  pre- 
paring and  serving  the  answer  upon  the  appellant,  before  it  is  for- 
warded to  the  state     superintendent.       The  forms     of  affidavit  given 
above  will  answer  in  all  cases  for  forms  to  be  used  by  the  appellee,  by 
changing  the  words  so  that  the  affidavit  shall  refer  to  an  "answer  to 
an  appeal,"  instead  of  to  an  appeal,  and  by  signing  it  as  appellee  in- 
stead of  appellant. 

2.  The  answer  to  an  appeal  may  ^e  served  upon  any  one  of  a  num- 
ber of  appellants.     When  the  town  board  of  supervisors  is  a  party,  and 
papers  have  been  served  upon  the  chairman,  if  he  is  in  favor  of  the 
party  appealing,  one  of  the  other  supervisors  should  make  answer. 

3.  In  case  of  neglect  of  the  proper  appellees  Ib  answer  an  appeal, 
any  person  having  an  interest  in  the  matter  may  make  answer  to  it, 
being  governed  in  all  cases    by    the    same    rules    as    would    govern 
appellee. 


140  SCHOOL  LAWS  OP  WISCONSIN. 


REPLICATION  OR  REJOINDER. 

A  replication  or  rejoinder  will  be  allowed,  upon  proof  that  new 
facts  have  come  to  the  knowledge  of  the  party  wishing  the  rejoinder 
since  the  appeal  or  answer  was  submitted  to  the  state  superintendent, 
or  that  there  are  material  errors  in  the  statement  of  the  other  party. 

GENERAL  REMARKS. 

If  the  appellant  or  appellee  presents  statements  of  other  parties, 
these  statements  should  be  verified  by  the  affidavit  of  the  person  mak- 
ing the  same. 

All  decisions  on  appeal  must  be  filed  or  recorded  as  the  state  super- 
intendent shall  direct. 

No  decision  can  be  rendered  on  ex  parte  statements.  No  papers  will 
be  considered  that  are  not  properly  verified,  and  properly  served  on 
opposing  parties.  *  *«  ^ 

The  propriety  of  leaving  out  of  appeals  all  matters  of  a  purely  per- 
sonal character,  except  as  they  may  have  a  direct  bearing  upon  the 
subject,  is  obvious. 

As  appeals  are  usually  decided  upon  written  and  not  upon  oral  evi- 
dence, it  is  not  necessary  or  proper  for  either  party  to  appear  in  per- 
son, expecting  to  be  heard  in  the  case,  without  the  presence  of  the 
other  party. 

Particular  care  should  be  taken  to  follow  the  directions,  in  regard 
to  affidavits,  serving  copy,  etc.,  so  that  it  may  not  be  necessary  to  send 
papers  back  for  correction. 

Not  only  must  every  paper  presented  in  a  case,  by  either  party,  be 
verified  by  affidavit,  and  a  copy  be  served  on  the  other  side,  but  in 
making  the  copy,  care  must  be  taken  to  copy  every  affidavit  as  well  as 
the  statement  which  it  verifies.  If  this  is  not  done,  the  party  upon 
whom  such  copy  is  served  has  no  evidence  that  the  original  was 
sworn  to. 

If  the  appeal  is  not  taken  or  the  answer  or  rejoinder  made  within 
the  prescribed  time,  the  reasons  for  the  delay  must  be  given. 

APPEALS  BY  TEACHERS. 

Any  person  refused  a  certificate  by  the  county  superintendent  of 
schools  may  make  appeal  to  the  state  superintendent,  according  to 
section  452,  using  the  following  form: 

To  A.  B.,  County  Superintendent  of  Schools  for County: 

Sir:  You  are  hereby  notified  that  I  intend  to  appeal  from  your  re- 
fusal to  grant  me  a  certificate,  and  I  hereby  ask  you  for  your  reasons 
for  such  a  refusal,  that  I  may  present  the  same  to  the  state  superin- 
tendent, wfth  my  appeal. 

Respectfully  yours, 

The  refusal  is  ordinarily  for  alleged  want  of  learning.     In  this  case 
the  appellant  will  usually  appear  before  the  state  superintendent  for 
re-examination.     He  should  not  come,  however,  without  previous  no- 
tice; but  after  notice  to  the  county  superintendent,  as  above,  and  on 
obtaining  the  statement  of  reasons  for  refusal,  he  should  forward  1 
same  to  the  state  superintendent,  notifying  him  of  his  desire  for  a  re- 
examination,  that  a  time  may  be  fixed  which  may  be  convenient  t« 
both  parties'. 


APPEALS.  141 

If  the  appellant  and  county  superintendent  mutually  agree  that  the 
appeal  shall  be  decided  on  the  papers  on  which  a  certificate  was  re- 
fused, a  re-examination  may  not  be  necessary. 

If  the  refusal  is  for  alleged  want  of  ability  to  teach,  or  for  alleged 
immorality,  the  appeal  will  be  decided  on  the  evidence  submitted  in 
writing  by  the  parties.  The  papers  should  be  made  out  and  verified, 
and  copies  served,  as  provided  under  the  Rules  for  Appeals. 

In  case  a  teacher's  certificate  is  annulled,  he  also  has  a  right  of  ap- 
peal.    For  this  purpose  the  following  form  may  be  used: 
To  A.  B.,  County  Superintendent  of  Schools  for  County: 

Sir:  You  are  hereby  notified  that  I  intend  to  appeal  from  your  ac- 
tion in  annulling  my  certificate,  and  I  hereby  ask  for  your  reasons 
for  such  action,  that  I  may  present  the  same  to  the  state  superintend- 
ent, with  my  appeal. 

Respectfully  yours, 

The  directions  given  above,  in  regard  to  an  appeal  from  a  refusal  to 
grant  a  certificate  are  to  be  followed,  as  far  as  applicable,  in  an  ap- 
peal from  the  action  of  a  superintendent  in  annulling  a  certificate. 


142  SCHOOL  LAWS   OF  WISCONSIN 


XIV.-MISCELLANEOUS  LAWS;    PENALTIES. 


Clerk's  liability.  SECTION  498.  Every  district  clerk  who 
shall  wilfully  neglect  to  make  the  annual  report  for  his  district 
as  required  by  law  shall  be  liable  to  pay  the  whole  amount  of 
money  lost  by  such  district  in  consequence  of  his  neglect,  which 
shall  be  recovered  in  an  action  in  the  name  of  and  for  the  use 
of  the  district. 

Town  clerk  and  superintendent's  liability.  SECTION  499. 
Every  town  clerk  who  shall  neglect  or  refuse  to  make  and  de- 
liver to  the  county  superintendent  his  annual  report  as  required 
in  this  chapter  within  the  time  limited  therefor  shall  be  lia- 
ble on  his  official  bond  to  pay  the  town  the  amount  which  such 
town  or  any  school  district  therein  shall  lose  by  such  neglect 
or  refusal,  with  interest  thereon;  and  every  county  superin- 
tendent who  shall  neglect  or  refuse  to  make  the  report  required 
of  him  by  this  chapter  to  the  state  superintendent  shall  be  lia- 
ble 'to  pay  to  each,  town  the  amount  which  such  town  or  any 
school  district  therein  shall  lose  by  such  neglect  or  refusal,  with 
interest  thereon,  to  be  recovered  in  either  case  in  an  action  pros- 
ecuted by  the  town  treasurer  in  the  name  of  the  town.  All 
money  collected  or  received  by  any  town  treasurer  under  the 
provisions  of  this  section  shall  be  apportioned  and  distributed  to 
the  school  districts  entitled  thereto  in  the  same  manner  that  the 
money  lost  by  any  such  neglect  or  refusal  would  have  been  appor- 
tioned and  distributed. 

Neglect  of  duty.  SECTION  500.  Every  taxable  inhabitant  re- 
ceiving the  notice  mentioned  in  sections  413  and  415,  and 
every  chairman  of  the  first  district  meeting  in  any  district  who- 
shall  wilfully  neglect  or  refuse  to  perform  the  duties  enjoined 
upon  him  by  this  chapter,  shall  respectively  forfeit  the  sum  of 
five  dollars.  Every  person  duly  elected  to  the  office  of  director, 


MISCELLANEOUS  LAWS— PENALTIES.  143 

treasurer  or  clerk  of  any  school  district  who  shall  neglect  or 
refuse  without  sufficient  cause  to  accept  such  office  and  serve 
therein,  or  who,  having  entered  upon  the  duties  of  his  officer 
shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by 
the  provisions  of  this  chapter,  shall  forfeit  the  sum  of  ten  dol- 
lars; and  every  school  district  officer  who  shall  neglect  or  re- 
fuse to  deliver  to  his  successor  in  office  all  records,  books  and 
papers  appertaining  to  such  office  shall  forfeit  not  exceeding 
fifty  dollars. 

Who  not  to  deal  in  school  books,  etc.  SECTION  501.  Neither 
the  state  superintendent,  his  assistant,  nor  any  person  in  his 
office,  nor  any  county  superintendent,  nor  school  district  offi- 
cer, nor  any  officer  or  teacher  connected  with  any  public  school 
shall  act  as  agent  or  solicitor  for  the  sale  of  any  school  books, 
maps,  charts,  school  library  books,  school  furniture,  apparatus 
or  stationery,  or  furnish  any  assistance  'to  or  receive  any  reward 
therefor  from  any  author,  publisher,  bookseller  or  dealer  doing 
the  same.  Every  person  violating  this  section  shall  forfeit  not 
less  than  fifty  nor  more  than  two  hundred  dollars  for  each  of- 
fense and  be  liable  to  removal  from  office  therefor. 

Drawing  unauthorized  order,  SECTION  502.  Every  district 
clerk  who  shall  draw  an  order  upon  the  treasurer  for  any  pur- 
pose not  authorized  by  law,  and  every  director  who  shall  coun- 
tersign such  order,  shall  forfeit  for  each  such  order  not  less 
than  twenty  nor  more  than  one  hundred  dollars. 

Refusal  to  enforce  decision.  SECTION  504.  In  case  the  town 
board  or  any  other  officer  shall  neglect  or  refuse  to  carry  into 
effect  any  decision  of  the  state  superintendent  made  upon  an 
appeal  from  their  or  his  action  or  refusal  to  act,  each  supervisor 
or  other  officer  refusing  or  neglecting  shall  forfeit  the  sum  of 
fifty  dollars ;  and  every  town  clerk  who  shall  so  neglect  or  refuse 
shall  also  be  liable  to  removal  by  the  town  board  upon  proper 
notice  thereof. 

Recovery  of  forfeitures.  SECTION  505.  All  actions  for  the 
recovery  of  any  forfeiture  incurred  under  the  provisions  of  this 
chapter  shall  be  prosecuted  by  the  director  of  the  school  dis- 
trict interested,  except  when  such  director  has  incurred  a  for- 
feiture, in  which  case  such  action  shall  be  prosecuted  by  the 
treasurer  of  such  district;  and  in  case  either  shall  refuse  or 


144  SCHOOL  LAWS   OF  WISCONSIN. 

neglect  to  prosecute  he  shall  forfeit  twenty  dollars.  All  for- 
feitures recovered  shall  be  first  applied  to  the  necessary  expenses 
of  such  prosecutions,  and  one-half  of  the  remainder  shall  be  paid 
into  the  district  treasury  for  the  use  of  the  district  and  the  other 
half  to  the  county  treasurer  for  the  benefit  of  the  school  fund. 

By  voter.  SECTION  506.  Whenever  any  person  or  officer 
designated  in  this  chapter  to  prosecute  an  action  for  a  forfeiture 
or  for  a  neglect  of  duty  shall  fail  to  prosecute  such  action  for 
the  space  of  ten  days  after  being  requested  in  writing  by  a  vote 
of  the  proper  district  so  to  do,  any  voter  may  prosecute  such 
action  for  the  recovery  of  such  forfeiture  or  for  any  neglect  of 
duty  in  the  manner  herein  prescribed. 

Removal  of  officers.  SECTION  507.  Any  school  district  of- 
ficer may  be  removed  from  office  by  the  county  judge  for  wilful 
neglect  of  any  duty  upon  the  written  application  of  .the  major- 
ity of  the  legal  voters  of  his  district  or  of  any  person  aggrieved 
by  such  neglect,  containing  a  full  statement  of  all  the  charges 
preferred  against  him.  A  copy  thereof,  with  a  notice  of  the 
time  and  place  when  and  where  a  hearing  upon  the  same  will 
be  had,  shall  be  served  upon  such  officer  at  least  ten  days  before 
such  hearing.  Such  officer  shall  have  full  opportunity  to  be 
heard  in  his  defense;  and  the  judge,  .upon  satisfactory  proof  of 
such  neglect  of  duty,  may  by  order  remove  such  officer  from 
his  office,  and  in  case  of  removal  shall  forthwith  file  such  order 
in  the  office  of  the  town  clerk  and  cause  a  copy  thereof  to  be 
served  upon  each  of  the  other  officers  of  the  district.  The  per- 
son so  removed  from  office  shall  not  be  appointed  to  fill  the  va- 
cancy occasioned  by  such  removal;  and  for  all  services  per- 
formed by  the  county  judge  under  the  provisions  of  this  sec- 
tion he  shall  receive  three  dollars  for  each  day  actually  em- 
ployed, to  be  paid  by  the  county. 

Removal  of  county  superintendent.  SECTION  975.  The  judge 
of  the  circuit  court  may,  in  term  time  or  vacation,  by  an  or- 
der specifying  the  cause  thereof,  a  copy  of  which  he  shall  cer- 
tify to  the  county  clerk,  remove  any  county  superintendent  of 
schools  in  his  circuit  for  incompetency,  wilful  neglect  of  duty 
or  for  acting  as  agent  for  or  receiving  any  fee  or  reward  from 
any  author,  publisher,  bookseller  or  dealer  in  school  books,  maps 
or  charts  or  school  library  books  or  school  furniture  or  appa- 
ratus. Such  removal  shall  be  made  only  upon  a  petition  set- 


MISCELLANEOUS  LAWS— PENALTIES.  145 

ting  forth  fully  the  charges  preferred  against  him,  and  after 
a  copy  thereof,  with  a  notice  attached,  stating  the  time  and 
place  when  and  where  such  petition  will  be  presented  to  such 
judge,  shall  have  been  personally  served  upon  such  superintend- 
ent at  least  thirty  days  before  the  hearing,  and  an  opportunity 
given  him  to  be  heard.  The  testimony  shall  be  taken  and  the 
proceedings  conducted  summarily  under  such  reasonable  regu- 
lations as  the  judge  shall  prescribe. 

Doors,  what  to  open  outwardly;  fire  escapes.  SECTION  4390, 
(Statutes  of  1898,  as  amended  by  Chap.  380,  Laws  of  1901). 
Every  building  now  or  hereafter  used,  in  whole  or  in  part,  as 
a  public  building,  public  or  private  institution,  hotel,  inn, 
school-house,  church,  public  hall,  place  of  assemblage,  or  place 
of  public  resort,  factory  or  workshop,  opera  house  or  office 
building,  must  be  provided  wi'th  outer  doors  that  shall  open 
or  swing  outwardly,  and  when  storm  doors  are  used  at  the  en- 
trance of  any  such  building,  either  inside  or  outside,  said  storm 
doors  shall  have  a  glass  therein  not.  less  than  fifteen  inches 
square,  which  glass  shall  be  not  less  than  four  feet  from  the 
floor  or  approach,  unless  the  commissioner  of  labor  and  indus- 
trial statistics,  the  factory  inspector  or  assistant  factory  in- 
spector in  his  judgment  shall  deem  it  otherwise.  Any  owner, 
tenant,  corporation,  person  or  persons  in  charge  of  any  of  the 
above  named  buildings,  who  shall  fail  to  comply  with  this  sec- 
tion or  provide  the  same  with  fire  escapes  according  to  law,  or 
any  architect  who  shall  prepare  plans  for  any  building  which  is 
required  by  law  to  be  provided  wi'th  such  doors  or  fire  escapes, 
without  providing  in  such  plans  for  the  same  shall  be  punished 
by  a  fine  not-  exceeding;  five  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  longer  than  ninety  days. 

Chapter  3"49,  laws  of  1901.  provides  that  every  school  house,  hotel, 
tenement  house  nublic  building,  etc..  etc.,  more  than  two  stories  high 
shall  be  provided  with  ore  or  more  iron  fire  escaues  with  iron  plat- 
forms, etc.  Severe  penalties  pre  provided  for  by  chapter  349  for  fail- 
ure to  comply  therewith  and  the  enforcement  of  the  law  comes  within 
the  jurisdiction  of  the  commissioner  of  labor,  the  factory  inspectors, 
or  of  chiefs  or  marshals  of  the  fire  departments  of  cities  and  villages. 

Injury  to  public  building's,  to  timber  on  state  or  county  lands; 
removing:  stone  or  mineral  from  lands,  etc.  SECTION  4442.  Any 
person  who  shall  cut  down,  in  jure  "or  destroy  any  tree  or  tim- 
ber, growing  or  standing  upon  land  belonging  or  mortgaged 

JO 


146  SCHOOL  LAWS   OF   WISCONSIN. 

to  or  held  in  trust  by  the  state,  or  who  shall  take  and  carry  away 
any  timber  or  wood  so  cut  or  severed,  or  previously  cut  or  sev- 
ered, and  remaining  upon  such  land,  or  who  shall  take  or  carry 
away,  any  mineral,  earth  or  stone  from  such  land,  or  who  shall 
wilfully,  maliciously  .or  wantonly  cut  down,  injure  or  destroy 
any  tree  or  timber  growing  or  standing  upon  and  belonging 
or  mortgaged  to  or  held  in  trust  by  any  county  in  the  state, 
or  take  and  carry  away  any  timber  or  wood  so  cut  or  severed, 
or  previously  cut  or  severed  and  remaining  upon  such  land, 
or  who  shall  so  dig  or  carry  away  any  mine~ql,  earth  or  stone 
from  such  land,  or  mutilate,  deface,  injure  or  destroy  any 
building  or  other  structure  belonging  to  the  state  or  to  any 
county,  town,  city,  village,  school  district,  or  school  board, 
board  of  trustees,  corporation,  company  or  association  and  used 
for  religious,  educational,  penal,  correctional,  charitable  or 
other  public  purposes,  or  any  building  or  personal  property 
whatever  of  any  person  or  co-partnership,  or  who  shall  enter, 
without  right,  any  agricultural  or  industrial  fair  grounds,  in- 
closed by  a  fence  not  less  than  six  feet  high  and  injure  or  de- 
stroy any  property  therein,  shall  be  punished  by  imprisonment 
in  the  county  jail  not  more  than  six  months  or  by  fine  not  ex- 
ceeding one  hundred  dollars. 

Official  malfeasance,  what  is.  SECTION  4549.  Any  officer, 
agent  or  clerk  of  the  state,  or  of  any  county,  town,  school  dis- 
trict, school  board,  city  or  village  therein,  or  in  the  employ- 
ment thereof,  or  any  officer,  regent,  treasurer,  secretarv.  super- 
intendent, clerk  or  agent,  of  any  penal,  correctional,  educa- 
tional or  charitable  institution,  instituted  by  or  in  pursuance 
of  law,  within  this  state,  or  any  member  of  any  body  or  board 
Laving  charge  or  supervision  of  such  institution  who  shall  have, 
reserve  or  acquire  any  pecuniary  interest,  directly  or  indirectly, 
present  or  prospective,  absolute  or  conditional,  in  any  wav 
or  manner,  in  any  purchase  or  sale  of  any  personal  or  real  prop- 
erty or  thing;  in  action,  or  in  anv  contract,  proposal  or  bid  in 
relation  to  the  same,  or  in  relation  to  anv  public  service,  or 
in  any  tax  sale,  tax  title,  bill  of  sale,  deed,  mortgage,  certifi- 
cate, account,  order,  warrant  or  receipt  made  by,  to  or  with 
him  in  his  official  capacity  or  employment,  or  in  any  public 
or  official  service,  or  who  shall  make  any  contract  or  pledge, 
or  contract  any  indebtedness  or  liability,  or  do  any  other  act 
in  1}|S  official  capacity,  or  in  any  public  or  official  service  not 


MISCELLANEOUS  LAWS— PENALTIES.  147 

authorized  or  required  by  law,  or  who  shall  make  any  false 
statement,  certificate,  report,  return  or  entry  in  any  book  of 
accounts  or  of  records  in  respect  to  anything  done  or  required 
to  be  done  by  him  officially,  or  in  any  public  or  official  serv- 
ice, 'shall  be  punished  by  imprisonment  in  the  county  jail  not 
more  than  one  year  or  by  fine  not  exceeding  five  hundred  dol- 
lars. 

Discounting  claims;  neglect  of  duty.  SECTION  4550.  Any 
person  mentioned  in  the  next  preceding  section,  who  shall  pay, 
redeem,  discount  or  purchase,  any  debt,  claim  or  demand  in 
favor  of  any  other  person,  against  the  state,  or  any  county, 
town,  school  district,  school  board,  city  or  village  therein,  or 
against  any  fund  thereof  below  the  true  and  full  amount  there- 
of, or  who  shall  pay  any  such  debt,  claim  or  demand  for  any 
purpose  out  of  any  fund  not  provided  for.  such  purpose,  or  who 
shall  wilfully  violate  any  provision  of  law,  authorizing  or  re- 
quiring anything  to  be  done,  or  prohibiting  anything  from 
being  done  by  him  in  his  official  capacity  or  employment,  or 
who  shall  refuse  or  wilfully  neglect  to  perform  any  duty  in  his 
office  required  by  law,  or  shall  be  guilty  of  any  wilful  extor- 
tion, wrong  or  oppression  therein  shall  be  punished  by  imprison- 
ment in  the  county  jail  not  more  than  one  year  or  by  fine  not 
exceeding  five  hundred  dollars. 

Refusal  to  deliver  money,  etc.,  to  successor.  SECTION  4553. 
Any  public  officer  whatever,  in  this  state,  who  shall,  at  the 
expiration  of  his  term  of  office,  refuse  or  wilfully  neglect  to 
deliver,  on  demand,  to  his  successor  in  office,  after  such  suc- 
cessor shall  have  been  duly  nualified  and  be  entitled  to  said 
office  according  to  law,  all  monevs,  records,  books,  papers  or 
other  property  belonging  to  said  office,  and  in  his  hands  or  un- 
der his  control  by  virtue  thereof,  shall  be  punished  by  impris- 
onment in  the  county  jail  not  more  than  six  months  or  by  fine 
not  exceeding  one  hundred  dollars. 

disturbing  schools.  SECTION  4572.  Any  person  who  shall 
wilfullv.  maliciously  or  wanton! v  interriTnt  or  in  any  way  mo- 
lest or  disturb  any  private  or  public  school  while  in  session  shall 
be  miniehed  by  imprisonment  in  the  county  iail  not  more  than 
thirty  days  or  by  a  fine  not  exceeding  fifty  dollars. 

Obscene  books,  literature,  papers,  and  pictures.  SECTION  4590 
(as  amended  by  chap,  256,  laws  of  1901,  amending  chap.  128, 


148  SCHOOL  LAWS   OF  WISCONSIN. 

laws  of  1899.)  Any  person  who  shall,  in  a  public  place,  or  on 
any  fence  or  wall,  or  other  surface,  contiguous  to  the  public 
street  or  highway,  or  on  the  floor  or  ceiling,  or  on  the  inner  or 
outer  wall,  closet,  room,  passage,  hall,  or  any  part  of  any  hotel, 
inn,  or  tavern,  court  house,  church,  school,  station  house,  depot 
for  freight  or  passengers,  capitol  or  other  buildings  devoted  or 
open  to  other  or  like  public  uses,  or  on  the  walls  of  any  outbuild- 
ings, or  other  structure  pertaining  thereto,  make  or  cause  to  be 
made  any  obscene  drawing  or  picture  or  obscene  or  indecent 
writing,  or  print,  liable  to  be  seen  by  others  passing,  or  coming 
near  the  same,  such  person  so  offending,  shall,  in  every  such  case, 
be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  county  jail  not  to  exceed  one 
r^  or  by  fine  not  exceeding  five  hundred  dollars. 


Any  person  or  persons  who  shall  put  up,  in  any  public  place, 
any  indecent,  lewd  or  obscene  picture  or  character,  representing 
the  human  form  in  a  nude  or  semi-nude  condition,  or  shall  ad- 
vertise by  circulars  or  posters  any  indecent,  lewd  or  immoral 
show,  play  or  representation,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  three  hundred  dollars;  pro- 
vided, that  nothing  in  this  act  shall  be  construed  as  to  interfere 
with  purely  scientific  works,  written  on  the  subject  of  sexual 
physiology  or  works  of  art. 

Any  person  who  shall  sell,  lend,  give  away,  or  show,  or  shall 
have  in  his  possession  with  intent  to  sell,  give  away,  or  show, 
or  shall  advertise  or  otherwise  offer  for  loan,  gift  or  distribu- 
tion, any  book,  pamphlet,  magazine,  newspaper,  or  other  printed 
paper  devoted  principally  to  the  publication  of  criminal  news, 
police  reports,  or  accounts  of  criminal  deeds,  or  pictures  and 
stories  of  deeds  of  bloodshed,  lust  or  crime,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  sentenced 
to  pay  a  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars. 

School  officers  should  take  especial  care  to  inform  pupils  of  the  force 
and  effect  of  this  law.  Much  serious  difficulty  and  expensive  litigation 
may  be  easily  avoided  by  so  doing. 

For  reference  to  other  laws  and  sections  imposing  penalties,  see 
index  under  head  of  "Fines  and  Forfeitures," 


MISCELLANEOUS  LAWS— DICTIONARIES. 


MISCELLANEOUS  LAWS. 

Journal  of  Education.  SECTION  508.  Each  school  district 
clerk  and  each  town  clerk  or  secretary  of  a  town  board  of  di- 
rectors may  subscribe  annually  for  one  copy  of  the  Wisconsin 
Journal  of  Education,  to  be  paid  for  by  the  district  or  town,  re- 
spectively, out  of  'the  school  money. 

The  subscription  price  of  the  Journal  of  Education  is  $1.00  a  year, 
if  paid  in  advance.  Subscriptions,  with  remittances,  should  be  ad- 
dressed to  "Wisconsin  Journal  of  Education,  Madison,  Wis." 

Dictionaries.  SECTION  509.  The  state  superintendent  may 
furnish  to  any  school  district,  or  to  any  school  or  distinct  de- 
partment thereof,  one  copy  of  Webster's  international  diction- 
ary on  the  receipt  of  an  affidavit  of  the  proper  officer  'that  such 
school  or  department  for  which  application  is  made  has  not 
yet  been  supplied,  or  that  the  dictionary  furnished  thereto 
has  been  lost  or  is  unfit  for  use,  and  on  payment  in  advance 
of  the  co&'t  price  to  said  superintendent  for  any  so  to  be  re- 
placed; and  the  state  superintendent  may  sell,  at  the  cost  price, 
to  any  of  the  charitable^  educational,  reformatory  or  penal  in- 
stitutions of  the  state,  on  written  requisition  being  made  by 
the  superintendent  of  the  institution,  as  many  copies  of  such 
dictionary,  not  exceeding  the  number  of  school  or  educational 
departments  in  the  respective  institutions,  as  may  be  necessary; 
he  may  also  furnish  each  county  superintendent,  each  teacher 
employed  in  the  normal  schools  or  university,  each  state  officer 
and  member  of  the  legislature  and  their  employees  with  one 
copy  thereof  at  the  cost  price  of  -the  same  to  the  state.  The 
superintendent  may  purchase  from  time  to  time,  at  a  cost  not 
exceeding  seven  dollars  per  copy  delivered  at  his  office,  a  suffi- 
cient number  of  copies  of  such  dictionary  to  furnish  such 
schools,  the  expense  thereof  to  be  paid  out  of  the  state  treasury. 

Every  school  district  not  already  once  supplied  with  a  Dictionary 
free  is  entitled'  to  one.  If  the  district  has  a  graded  school  it  is  entitled 
to  one  copy  for  each  distinct  department.  Applications  for  dictiona- 
ries must  be  made  by  district  clerks,  city  superintendents  of  schools, 
or  by  the  secretary  of  the  town  board  of  directors.  Webster's  Inter- 
national Dictionary  is  now  furnished  by  the  State  for  re-supply  at  a 
cost  of  $7.5"6  for  each  indexed,  and  $7.00  for  each  plain  copy.  When 
the  application  is  for  re-supply,  the  cost  of  the  volume  must  accom- 
pany the  application.  These  dictionaries  are  too  heavy  to  be  sent  by 
mail,  consequently  those  who  apply  should  be  careful  to  give  the  ex- 
press office  to  which  the  volume  must  be  sent.  Printed  forms  of  ap- 
plication for  first  supply,  additional  supply,  or  re-supply  for  common 


150  SCHOOL  LAWS   OF  WISCONSIN. 

district  schools,  or  graded  schools,  will  be  mailed  by  the  State  Super- 
intendent  to  school  officers  upon  request. 

When  writing  for  application  blanks,  the  writer  should  state  the 
kind  wanted.  There  is  but  one  kind  furnished  in  all  cases  where  the 
application  is  for  re-supply,  but  where  the  application  is  for  first  sup- 
ply, the  writer  should  state  whether  or  not  the  school  is  a  school  of 
but  one  department,  or  a  graded  school,  and  whether  or  not  such  school 
is  under  the  township  system  of  school  government,  in  order  that  the 
proper  blank's  may  be  sent. 

Part  of  library.  SECTION  510.  All  such  dictionaries  hereto- 
fore or  hereafter  received  by  the  several  districts  shall  belong 
to  the  district  library,  but  during  the  time  a  school  is  taught 
they  shall  be  and  remain  in  the  school  rooms  during  'the  hours 
of  school,  for  the  exclusive  use  of  the  scholars  and  teachers, 
and  under  the  control  of  the  teachers  or  principals,  who  shall  be 
responsible  to  the  districts  for  their  loss  or  for  any  unnecessary 
damage  they  may  receive. 

Payment  of  money.  SECTION  511.  .  The  state  superintendent 
shall  pay  to  the  state  treasurer  all  money  received  on  account 
of  dictionaries  sold  as  aforesaid,  and  render  an  account  of  all 
dictionaries  sold  in  his  report  to  the  governor. 

Residents,  who  are;  county's  liability.  SECTION  512.  .Every 
person  of  lawful  school  age  maintained  as  a  public  charge  shall, 
for  school  purposes,  be  deemed  a  resident  of  the  district  in 
which  he  lives,  for  every  person  so  maintained  by  the  county 
the  county  board  shall  for  each  year  allow  to  the  district  in 
which  such  person  may  attend  school  an  amount  for  each  per- 
son so  attending  equal  to  the  amount  expended  in  that  year  for 
each  pupil  in  such  district  for  school  purposes;  and  in  case 
such  person  be  maintained  by  any  town,  such  town  board  shall 
allow  a  like  amount  to  such  district.  Such  account  shall  be 
reckoned  by  the  district  officers  without  reference  to  the  num- 
ber of  pauper  children  attending  such'  school. 

Women  may  be  officers.  SECTION  513.  Every  woman  of 
twenty-one  years  of  age  and  upwards  may  be  elected  or  ap- 
pointed as  director,  treasurer  or  clerk  of  a  school  district,  di- 
rector or  secretary  of  a  town  board  under  the  township  system; 
member  of  a  board  of  education  in  cities,  or  county  superin- 
tendent or  town  inspector  of  common  schools. 

The  lasf  six  words  were  added  by  the  bill  submitted  by  the  commis- 
sioner appointed  to  revise  the  school  code;  the  provision  therein  for 


MISCELLANEOUS  LAWS— AMoa  DAY. 

inspectors  of  common  schools  was  not  enacted.  The  clause  referred 
to  was  overlooked  by  the  committee  on  revision  or  it  would  probably 
have  been  stricken  out.  There  is  no  such  office  as  "town  inspector  of 
common  schools." 

Arbor  and  labor  day.  SECTION  1376.  The  governor,  by  proc- 
lamation, may  set  apart  one  day  each  year  to  be  designated  as 
arbor  and  bird  day,  and  may  request  its  observance  by  all  schools, 
colleges  and  other  institutions  by  the  planting  of  trees,  the 
adornment  of  school  and  public  grounds,  and  by  suitable  ex- 
ercises having  for  their  object  the  advancement  of  the  study 
of  arboriculture,  the  promotion  of  a  spirit  of  protection  to  birds 
and  trees,  and  the  cultivation  of  an  appreciative  sentiment  con- 
cerning them.  He  may  also  set  apart,  in  said  manner,  one  day 
in  each  year  to  be  observed  as  labor  day. 

Physical  education.  SECTION  553a.  Physical  education  may 
form  a  part  of  the  regular  school  curriculum  in  all  normal, 
high  and  city  schools  entirely  or  partly  maintained  by  the  state. 
In  all  normal  schools  and  normal  departments  of  high  schools 
the  instruction  of  the  pupils  may  be  such  as  to  enable  them  to 
become  competent  teachers  of  physical  education  ,in  common 
or  graded  public  schools. 

Investment  of  school  funds.  SECTION  553&.  The  board  of 
education  or  school  board  of  any  city  having  the  care  or  custody 
of  school  funds  or  management  of  the  finances  of  the  public 
schools  therein  may,  by  a  vote  of  a  majority  of  all  of  its  mem- 
bers elect,  in  lieu  of  designating  banking  depositories  or  any 
other  disposition  provided  for  the  care  or  keeping  of  such  funds, 
invest  the  same  or  such  portion  thereof  as  it  may  deem  ex- 
pedient in  the  registered  bonds  of  the  United  States  at  their 
market  value.  Whenever  such  board  shall  decide  to  make  any 
such  investment  the  treasurer  of  such  board  shall  be  directed  to 
purchase  such  bonds  with  such  funds  and  register  and  keep  the 
same  under  such  regulations  as  such  board  may  prescribe. 
Whenever  such  bonds  have  been  purchased  such  board  may 
direct  its  treasurer  to  sell  the  same  or  any  part  thereof  for  cash 
at  their  market  value,  from  time  to  time  for  current  expenses,  as 
said  board  shall  deem  expedient. 

Powers  of  boards;  application  of  chapter  to  cities  and  villages. 

SECTION  515.  Every  such  board  or  other  body  aforesaid  shall 
have  all  the  powers  and  be  charged  with  all  the  duties  imposed 
by  these  statutes  on  school  district  boards  so  far  as  the  same  are 


SCHOOL  LAWS   OF  WISCONSIN. 

not  provided  for  or  limited  by  the  special  provisions  of  the  act 
of  incorporation  or  other  act  under  which  such  board  or  body 
is  constituted.  Every  city  or  village  not  having  a  system  of 
school  government  specially  provided  by  law  therefor  shall  be 
governed  by  the  provisions  of  this  chapter.  (Chapter  27,  W. 
S.) 

Railroad  maps.  SECTION  179 5a.  There  shall  be  published 
biennially  under  the  supervision  of  the  railroad  commissioner, 
twenty-five  thousand  copies  of  the  railroad  map  of  Wisconsin, 
of  which  eight  thousand  copies  shall  be  mounted  on  muslin  and 
provided  with  rollers  to  be  distributed  by  'the  state  superintend- 
ent among  the  schools;  twelve  thousand  three  hundred  and 
thirty  shall  be  likewise  mounted  on  muslin  and  provided  with 
rollers,  to  bo  apportioned  and  delivered  to  the  members  of  the 
legislature;  four  -thousand  six  hundred  and  seventy,  of  which 
three  thousand  shall  be  unmounted  and  one  thousand  six  hun- 
dred and  seventy  likewise  mounted  on  muslin  and  provided 
with  rollers,  to  be  distributed  by  the  railroad  commissioner. 

State  public  school ;  admission  of  deformed  and  crippled  chil- 
dren. (Chap.  100,  Laws  of  1901.)  SECTION  1.  In  addition 
to  the  classes  of  children  now  received  at  the  state  public  school 
for  neglected  or  dependent  children,  pursuant  to  existing  laws, 
there  shall  also  be  received  as  pupils  in  the  said  school,  any  such 
children  under  fourteen  years  of  age,  residents  of  this  state, 
who  are  of  sound  mind  but  who  are  crippled  or  deformed  in 
body,  provided  their  bodily  ailments  are  such  as  admit  of  proper 
care  and  treatment  at  the  school  with  the  facilities  which  are, 
or  may  hereafter  be  provided  therefor,  subject  only  to  the  lim- 
itations contained  in  the  next  section. 

SECTION  2.'  All  existing  provisions  of  law  for  the  commit- 
ment, care,  disposition,  control  and  discharge  of  tlie  inmates  of 
said  school,  and  all  restrictions  upon  their  admission,  except  the 
three  years  age  limitation,  and  except  as  herein  provided,  shall 
apply  to  such  crippled  or  deformed  children. 

Reports  of  academies.  SECTION  411.  It  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad- 
emy, seminary  and  literary  or  collegiate  institution  heretofore 
incorporated  or  that  shall  be  hereafter  incorporated,  to  cause  to 
be  made  out  by  the  principal  instructor  or  other  proper 
officer,  and  forwarded  to  the  state  superintendent  on  or  before 
the  tenth  day  of  October  in  each  even-numbered  year,  a  report 


MISCELLANEOUS  LAWS— CAD&TS. 

! 

for  the  term  terminating  with  the  thirty-first  day  of  August  of 
the  second  preceding  year,  setting  forth  the  amount  and  esti- 
mated value  of  real  estate  owned  hy  the  corporation ;  the  amount 
of  other  funds  and  endowment  and  the  biennial  income  from  all 
sources;  the  number  of  instructors  and  their  respective  salaries; 
the  number  of  students  in  the  different  classes  and  the  rates  of 
tuition;  the  studies  pursued  and  the  books  used;  the  course  of 
instruction  and  such  matters  as  shall  be  specially  requested  by 
said  superintendent,  or  as  shall  be  deemed  proper  by  the  presi- 
dent or  principal  of  such  academies  or  institutions  to  enable  the 
state  superintendent  to  lay  before  the  legislature  in  his  report 
a  fair  and  full  statement  of  the  affairs  and  condition  of  such  in- 
stitutions. 

Inspection  of  cadets.  SECTION  41  la.  The  president  or  other 
principal  officer  of  any  incorporated  college  or  school  of  this 
state  which  shall  be  under  military  discipline  or  maintain  a  reg- 
ular military  department,  and  have  enrolled,  uniformed  and 
armed  not  less  than  one  hundred  cadets,  may  apply  in  writing 
to  the  governor  to  have  the  corps  of  cadets  of  such  college  or 
school  inspected  by  the  adjutant-general  or  other  officer 
appointed  by  the  governor  for  that  purpose.  Such  inspection 
shall  be  made  during  April,  May  or  J  une  of  each  year,  upon  fif- 
teen days'  notice  by  mail  to  such  applicant1  by  the  inspecting  of- 
ficer, and  shall  be  held  in  the  manner  and  form  prescribed  for 
troops  in  the  service  of  the  United  States. 

Officer's  report.  SECTION  4115.  The  inspecting  officer  shall 
report  to  the  governor : 

1.  The  number  of  officers,  non-commissioned  officers  and  pri- 
vates paraded  and  inspected  by  him  in  uniform. 

2.  What  such  uniform  is  and  the  condition  thereof. 

3.  The  discipline  and  state  of  instruction. 

4.  The  number  and  amounts  of  arms,  accoutrements,  stores 
and  military  property  exhibited  to  him. 

5.  The  true  condition  of  the  same. 

G.  If  a  cavalry  company  or  battery  of  artillery  be  maintained, 
what  number  of  horses  were  exhibited  and  their  condition. 

7.  Whether  such  corps  has  complied  with    these    provisions 
and  the  orders  and  regulations  of  the  governor. 

8.  Such  other  matters  as  may  be  required. 

The  inspecting  officer  shall  receive  no  pay  for  services,  but 
may  be  allowed  ten  cents  per  mile,  to  be  paid  by  each  of  the 
schools  so  inspected. 


SCHOOL   LAWS   OF  WISCONSIN. 

Suspension  from  inspection.  SECTION  411c.  If  such  inspect- 
ing officer  shall  report  that  such  corps  numbers  less  than  one 
hundred  enrolled,  uniformed  and  armed,  or  that  its  condition 
and  military  proficiency  are  not  such  as,  in  his  judgment,  to  en- 
title it  to  the  benefits  of  section  41  lof,  the  governor  maj  notify 
the  president  or  other  principal  officer  of  such  college  or  school 
that  it  is  suspended  from  the  benefits  hereby  given,  and  in  such 
case  no  application  for  an  inspection  as  herein  provided  shall  be 
granted  lor  a  period  of  two  years. 

Graduates;  rank  of.  SECTION  41  Id.  In  all  cases  where  a 
satisfactory  report  is  made  by  such  inspecting  officer  the  students 
of  such  college  or  school,  residents  of  this  state,  graduating  dur- 
ing the  year  within  which  such  report  is  made  and  receiving  full 
diploma  or  certificate  from  such  college  or  school,  shall  be  en- 
titled to  the  honorary  rank  of  second  lieutenant  in  the  unorgan- 
ized militia  of  the  state ;  provided,  that  nothing  herein  shall  be 
construed  to  give  such  graduates  any  right  to  wear  the  uniform 
of  the  Wisconsin  national  guard. 

Schools  of  agriculture  and  domestic  economy.  (Chap.  288, 
Laws  of  1901.)  SECTION  1.  The  county  board  of  any  county 
is  hereby  authorized  to  appropriate  money  for  the  organization, 
equipment,  and  maintenance  of  a  county  school  of  agriculture 
and  domestic  economy.  The  county  boards  of  two  or  more 
counties  may  unite  in  establishing  such  a  school,  and  may  appro- 
priate money  for  its  organization,  equipment,  and  maintenance. 

SECTION  2.  A  board  to  be  known  as  the  county  school  board 
is  hereby  created,  which  shall  have  charge  and  control  of  all 
matters  pertaining  to  the  organization,  equipment,  and  mainte- 
nance of  such  school,  except  as  otherwise  provided  by  law.  Said 
board  shall  consist  of  three  members,  one  of  whom  shall  be  the 
county  superintendent  of  schools  of  the  county  or  district  in 
which  the  school  is  located.  The  other  members  of  the  board 
shall  be  elected  by  the  county  board  for  the  term  of  three  years 
from  the  date  of  their  election,  but  no  member  of  the  county 
board  shall  be  eligible.  Vacancies  existing  in  the  board  from 
whatever  cause,  except  in  the  case  of  the  county  superintendent, 
shall  be  filled  by  appointment  made  by  the  chairman  of  the 
county  board,  if  the  county  board  is  not  in  session  when  such 
vacancy  occurs.  If  the  county  board  is  in  session,  vacancies 
shall  be  filled  by  election  by  said  board  for  the  unexpired  term. 
Appointments  made  by  the  chairman  of  the  county  board,  as 


[   MISCELLANEOUS  LAWS— AGRICULTURAL  SCHOOLS. 

hereinbefore  specified,  shall  be  for  the  term  to  elapse  until  the 
next  regular  meeting  of  the  county  board.  Jiiach  person 
appointed  or  created  a  member  of  the  county  school  board,  shall 
wuhin  ten  days  alter  the  notice  of  such  appointment,  take  and 
subscribe  an  oath,  to  support  the  constitution  of  the  United 
States  and  the  constitution  of  Wisconsin,  and  honestly,  faith- 
fully, and  impartially  to  discharge  his  duties  as  a  member  of 
said  board,  to  the  best  of  his  ability,  which  oath  shall  be  filed 
in  the  omce  of  the  county  clerk.  lie  shall  also,  within  the  same 
time,  file  a  bond  in  such  sum  as  may  be  fixed  by  the  county  board, 
which  bond  shall  be  filed  in  the  oince  of  the  county  clerk.  With- 
in fifteen  days  after  the  appointment  of  said  board,  the  mem- 
bers thereof  shall  meet  and  organize  by  electing  one  of  their 
number  as  president.  The  county  superintendent  of  schools 
shall  be  ex-oliicio  secretary  of  the  said  board.  The  said  board 
shall  prescribe  'the  duties  of  the  several  officers,  except  as  fixed 
by  law. 

SECTION  3.  Whenever  two  or  more  counties  unite  in  estab- 
lishing such  a  school,  the  provisions  of  section  2  of  this  act  shall 
apply  to  the  organization  of  the  county  school  board,  and  to  fill- 
ing vacancies  therein,  provided  that  the  county  superintendent 
ol  the  county  in  which  the  school  is  located,  shall  be  a  member  of 
the  board  and  ex-olficio  its  secretary,  and  two  members  shall  also 
be  elected  from  each  county  by  the  county  board  thereof.  But 
no  member  of  the  county  board  shall  be  eligible. 

SECTION  4.  Whenever  two  or  more  counties  unite  in  estab- 
lishing an'd  maintaining  such  school,  the  county  school  board  pro- 
vided for  in  such  cases  shall  determine  the  amount  of  money 
necessary  for  the  equipment  and  maintenance  of  the  school  for 
the  second  year,  and  annually  each  year  thereafter;  they  shall 
apportion  the  amount  to  be  raised  by  taxation  among  the  coun- 
ties in  proportion  to  the  assessed  valuation  of  each  county,  as 
last  fixed  by  the  state  board  of  assessment,  and  shall  report  to  the 
county  clerk  of  each  county  the  apportionment  so  made  on  or 
before  the  first  Monday  of  November  in  each  year.  The  amount 
so  apportioned  to  each  county  shall  be  levied  in  the  county  tax 
for  the  ensuing  year  for  the  support  of  the  school. 

SECTION  5.  The  couny  treasurer  shall  be  ex-ofScio  treas- 
urer of  said  board ;  all  moneys  appropriated  and  expended  un- 
der the  provisions  of  this  act,  shall  be  expended  by  the  county 
school  board,  and  shall  be  paid  by  the  county  treasurer  or  treas- 
urers on  orders  issued  by  said  board,  and  all  moneys  received 
by  said  board  shall  be  paid  to  the  county  treasurer  for  the  fund 
of  the  county  school  board. 


156  SCHOOL  LAWS   OF  WISCONSIN. 

SECTION  6.  In  all  county  schools  of  agriculture  and  domestic 
economy  organized  under  the  provisions  of  this  act,  instruction 
shall  be  given  in  the  elements  of  agriculture,  including  instruc- 
tion concerning  the  soil,  the  plant  life,  and  the  animal  life  of  the 
farm;  a  system  of  farm  accounts  shall  also  be  taught;  instruc- 
tion shall  also  be  given  in  manual  training  and  domestic  econ- 
omy, and  such  other  subjects  as  may  be  prescribed. 

{SECTION  7.  Each  such  school  shall  have  connected  with  it  a 
tract  of  land  suitable  for  purposes  of  experiment  and  demon- 
stration, and  not  less  than  three  acres  in  area. 

SECTION  8.  The  schools  organized  under  the  provisions  of 
this  act  shall  be  free  to  inhabitants  of  the  county  or  counties  con- 
tributing to  their  support,  who  shall  be  qualified  to  pursue  the 
course  of  study,  provided  they  shall  have  at  least  the  qualifica- 
tions required  for  completion  of  the  course  of  study  for  common 
schools.  Whenever  students  of  advanced  age  desire  admission 
to  the  school  during  the  winter  months  in  sufficient  number  to 
warrant  the  organization  of  special  classes  for  their  instruction, 
such  classes  shall  be  organized  and  continued  for  such  time  as 
their  attendance  may  make  necessary. 

SECTION  9.  The  state  superintendent  shall  give  such  infor- 
mation and  assistance  and  establish  such  requirements  as  may 
seem  necessary  for  the  proper  organization  and  maintenance  of 
such  schools.  With  the  advice  of  the  dean  of  the  college  of  agri- 
culture of  the  state  university,  he  shall  prescribe  the  courses  of 
study  to  be  pursued,  and  determine  the  qualifications  required  of 
teachers  employed  in  such  schools.  He  shall  have  the  general 
supervision  of  all  schools  established  under  this  act ;  shall  from 
time  to  time  inspect  the  same,  make  such  recommendations  re- 
lating to  their  management  as  he  may  deem  necessary,  and  make 
such  report  thereon  as  shall  give  full  information  concerning 
their  number,  character  and  efficiency. 

SECTION  10.  Any  school  established  under  the  provisions  of 
this  act,  whose  courses  of  study  and  the  qualifications  of  whose 
teachers  have  been  approved  by  the  state  superintendent  and  the 
dean  of  the  college  of  agriculture,  may  upon  application,  be 
placed  upon  an  approved  list  of  county  schools  of  agriculture 
and  domestic  economy.  A  school  once  entered  upon  such  list  may 
remain  listed  and  be  entitled  to  state  aid  so  long  as  the  scope  and 
character  of  its  work  are  maintained  in  such  manner  as  to  meet 
the  approval  of  the  state  superintendent ;  provided  that  he  shall 
not  place  upon  said  list  more  than  two  schools.  On  the  first  dav 
of  July  in  each  year,  the  secretary  of  each  county  school  board 
maintaining  a  school  on  the  approved  list,  shall  report  to  the 


MISCELLANEOUS   LAWS— TRAINING   SCHOOLS.  157 

stale  superintendent,  setting  forth  the  facts  relating  to  the  cost 
of  maintaining'  the  school,  the  character  of  the  work  done,  the 
number  and, names  of  teachers  employed  and  such  other  matters 
as  may  be  required  by  the  county  board  or  the  state  superintend- 
ent. Upon  the  receipt  of  such  report,  if  it  shall  appear  that  the 
school  has  been  maintained  in  a  satisfactory  manner  for  a  period 
of  not  less  than  eight  months,  during  the  year  closing  on  the  thir- 
tieth day  of  the  preceding-  June,  the  said  superintendent  shall 
make  a  certificate  to  that  effect  and  file  it  with  the. secretary  of 
state.  Upon  receiving  such  certificate,  the  secretary  of  state 
shall  draw  his  warrant,  payable  to  the  treasurer  of  the  countv 
maintaining  suclrschool,  for  a  sum  equal  to  one-half  the  amount 
actually  expended  .for  instruction  in  such  school  during  the 
year;  when  more  than  one  county  has  contribu^d  to  the  support 
of  the  school,  the  secretary  of  state  shall  draw  his  warrant  pay- 
able to  the  treasurer  of  each  county  for  such  a  portion  of  the 
state  aid  as  the  amount  contributed  by  his  county  is  part  of  the 
total  amount  contributed  bv  all  the  counties  for  the  support  of 
the  school  for  the  preceding  year;  provided,  that  the  total 
amount  so  apportioned  shall  not  exceed  five  thousand  dollars  in 
any  year,  and  if  such  sum  shall  be  less  than  half  the  ag2;re2:ate 
amount  expended  for  instruction  in  both  schools,  it  shall  b« 
divided  equallv  between  them.  The  secretary  of  state  shall 
annually  include  and  apportion  in  the  state  tax  such  sum  as  shall 
have  been  so  paid. 

County  training  schools  for  teachers.  (Chap.  373,  Laws  of 
1901,  amending  Chap.  268,  Laws  of  1899.)  The  county  board 
of  any  county  within  which  a  state  normal  school  is  not  located, 
is  hereby  authorized  to  appropriate  money  for  the  organization, 
equipment  and  maintenance  of  a  county  training  school  for 
teachers  of  the  common  schools. 

SECTION  2.  A  board  to  be  known  as  the  county  training 
school  board,  is  hereby  created,  who  shall  have  charge  and  con- 
trol of  all  matters  pertaining  to  the  organization,  equipment  and 
maintenance  of  such  school,  except  as  otherwise  provided  by 
law.  Said  board  shall  consist  of  three  members,  one  of  whom 
shall  be  the  county  superintendent  of  schools  of  the  county  or 
district  in  which  the  school  is  located.  The  other  members  of 
the  board  shall  be  elected  bv  the  county  board,  for  the  term  of 
three  years  from  the  date  of  their  election.  \7acancies  existing 
in  the  board,  from  Avhatever  cause,  except  in  the  case  of  the 
county  superintendent,  shall  be  filled  by  appointment  made  by 
tjie  chairman  cf  the  county  board,  if  the  county  board  is  not  in 


{    UNIYERSI 


158  *  SCHOOL  LAWS   OF  WISCONSIN. 

session  when  such  vacancy  occurs.  If  the  county  board  is  in  ses- 
sion, vacancies  shall  be  filled  by  election  by  said  board  for  the 
unexpired  term.  Appointments  made  by  the  chairman  of  the 
county  board,  as  hereinbefore  specified,  ^shall  be  for  the  time  to 
elapse  until  the  next  regular  meeting  of  the  county  board.  Eae1! 
person  appointed  or  created  a  member  of  the  county  training 
school  board  shall  within  ten  days  after  the  notice  of  such 
appointment,  take  and  subscribe  an  oath,  to  support  the  consti- 
tution of  the  United  States  and  the  constitution  of  Wisconsin, 
and  honestly,  faithfully  and  impartially  to  discharge  his  duties 
as  a  member  of  said  board,  to  the  best  of  his  ability,  which  oath 
shall  be  filed  in  the  office  of  the  county  clerk.  He  shall  also, 
within  the  same  time,  file  a  bond  in  such  sum  as  may  be  fixed 
by  the  county  board,  which  bond  shall  be  filed  in  the  office  of 
the  county  clerk.  Within  fifteen  days  after  the  appointment  of 
said  board,  the  members  thereof  shall  meet  and  organize  by 
electing  one  of  their  number  as  president  and  one  as  treasurer ; 
the  county  superintendent  of  schools  shall  be  ex-offtcio  secretary 
of  the  said  board.  The  said  board  shall  prescribe  the  duties 
of  the  several  officers,  except  as  fixed  by  law.- 

SECTION-  3.  All  moneys  appropriated  and  expended  under 
the  provisions  of  this  act  shall  be  expended  by  the  county  train- 
ing school  board,  and  shall  be  paid  by  the  county  treasurer  on 
orders  issued  by  said  board. 

SECTION  4.  The  state  superintendent  shall  give  such  infor- 
mation and  assistance  as  may  seem  necessary  in  organizing  and 
maintaining  such  training  schools.  He  shall  prescribe  the 
courses  of  study  to  be  pursued,  and  shall  determine  the  qualifi- 
cations of  all  teachers  employed  in  such  schools.  He  shall  have 
the  general  supervision  of  all  schools  established  under  this  act ; 
shall  from  time  to  time  inspect  the  same,  make  such  recommen- 
dations relating  to  their  management  as  he  may  deem  necessary, 
and  make  such  report  thereon  as  shall  give  full  information  con- 
cerning their  number,  character  and  efficiency. 

SECTION  5.  Any  school  established  under  the  provisions  of 
this  act,  whose  courses  of  study  and  the  qualifications  of  whose 
teachers  have  been  approved  by  the  state  superintendent,  mav, 
upon  application,  be  placed  upon  an  approved  list  of  countv 
training  schools  for  teachers.  A  school  once  entered  upon  such 
list  may  remain  listed  and  be  entitled  to  state  aid  so  long  as  the 
scope  and  character  of  its  work  are  maintained  in  such  manner 
as  to  meet  the  approval  of  the  state  superintendent;  provided, 
that  he  shall  not  nlace  upon  said  list  more  than  six  schools.  On 
the  first  day  of  July  in  each  year  the  secretary  of  each  county 


MISCELLANEOUS   LAWS— FREE   LECTURES.  159 

training  school  board  maintaining  a  school  on  the  approved  list, 
shall  report  to  the 'state  superintendent,  setting  forth  the  facts 
relating  to  the  cost  of  maintaining  the  school,  the  character  of 
the  work  done,  the  number  and  names  of  teachers  employed  and 
such  other  matters  as  may  be  required.  Upon  the  receipt  of 
such  report,  if  it  shall  appear  that  the  school  has  been  main- 
tained in  a  satisfactory  manner  for  a  period  of  not  less  than  ten 
months  during  the  year  closing  on  the  thirtieth  day  of  the  pre- 
ceding June,  the  said  superintendent  shall  make  a  certificate  to 
that  effect  and  file  it  with  the  secretary  of  state.  Upon  receiv- 
ing such  certificate,  the  secretary  of  state  shall  draw  his  warrant, 
payable  to  the  treasurer  of  the  county  maintaining  such  school, 
a  sum  equal  to  one-half  the  amount  actually  expended  for  main- 
taining such  school  during  the  year,  provided  that  the  total 
amount  so  apportioned  shall  not  exceed  twenty-five  hundred  dol- 
lars to  any  one  school  in  one  year. 

SECTION  6.  Any  person  who  shall  complete  in  a  satisfactory 
manner  the  course  of  study  prescribed  for  any  county  training 
school,  and  who  shall  be  of  good  moral  character,  shall  receive 
a  certificate  signed  by  the  principal  of  the  school  and  by  the 
members  of  the  county  training  school  board.  Said  certificate 
shall  certify  that  the  person  named  therein  has  satisfactorily 
completed  the  course  of  study  prescribed  for  the  county  training 
school,  and  is  of  good  moral  character;  it  shall  also  contain  a 
list  of  the  standings  secured  by  the  person  on  the  completion  of 
each  of  the  studies  pursued  in  the  school.  Such  certificate  shall 
have  the  force  and  effect  of  a  third  grade  certificate  issued  by 
the  county  superintendent  of  the  county  or  district  in  which  the 
school  is  located,  for  the  term  of  three  years  from  the  date  of  its 
issue.  Any  school  superintendent  or  officer  authorized  to  grant 
certificates  to  teachers  in  Wisconsin  schools  is  hereby  authorized, 
in  his  discretion,  to  accept  standings  obtained  by  the  completion 
of  studies  in  any  county  training  school  in  the  state,  when  duly 
certified  by  the  principal  of  said  school,  in  lieu  of  actual  exam- 
ination by  said  superintendent  or  examiner  at  any  time  within 
three  years  from  the  date  of  the  certificate  of  completion  of  the 
course  by  the  person  desiring  to  have  such  standings  accepted. 
This  provision  shall  apply  to  certificates  of  third  and  second 
grades. 

Free  public  lectures.  (Chap.  336,  Laws  of  1901.)  SECTION 
1.  The  board  of  education  of  any  city  is  hereby  authorized  and 
empowered  to  provide  for  the  employment  of  competent  persons 


160  SCHOOL   LAWS   OP  WISCONSIN. 

to  deliver  evening  lectures  on  the  natural  sciences  and  kindred 
subjects  in  the  public  school  buildings  or  other  suitable  places 
of  said  city. 

SECTION  2.  The  said  board  of  education  shall  have  power 
to  purchase  the  books,  stationery,  charts  and  other  things  neces- 
sary and  expedient  to  successfully  conduct  said  lectures  which  it 
shall  have  power  to  direct. 

SECTION  3.  ~No  admission  fee  shall  be  charged,  and  at  least 
one  school  building  in  each  ward  of  said  city,  where  practicable, 
shall  be  designated  by  said  board  of  education,  for  the  purpose 
of  carrying  out  the  provisions  of  this  act,  and  said  lectures  shall 
be  delivered  in  such  school  buildings  between  the  first  day  of 
October  and  the  thirty-first  day  of  March  in  each  year,  except- 
ing the  two  weeks  preceding  and  the  week  following  the  first  day 
of  January  in  each  vear,  which  lectures  shall  be  advertised  in  a 
newspaper  published  in  said  city  at  least  one  week  in-  advance  of 
the  delivery  thereof. 

SECTION  4.  The  board  of  education  is  hereby  authorized, 
previous  to  the  first  day  of  September  in  each  year,  to  meet  and 
provide  the  necessary  appropriation  for  the  purpose  of  carrying 
out  the  provisions  of  this  act. 


INSTRUCTION  OP  DEAF  MUTES  IN  VILLAGES  AND  CITIES. 

State  aid  to  schools.  SECTION  578.  Upon  application  by  the 
mayor  and  common  council  of  any  city  or  by  the  president 
and  board  of  trustees  of  any  village  to  the  state  superintendent, 
he  shall,  by  and  with  the  consent  of  the  state  board  of  control, 
grant  permission  to  such  city  or  village  to  establish  and  main- 
tain within  its  corporate  limits  one  or  more  schools  for  the 
instruction  of  deaf  mutes,  who  are  residents  of  this  state.  The 
mayor  of  any  city  and  'the  president  of  any  village  which  shall 
maintain  one  or  more  such  schools  shall  report  to  such  super- 
intendent and  board  annually,  and  of  toner  if  they  so  direct, 
such  facts  in  relation  to  such  school  or  schools  as  they  may 
require.  There  shall  be  paid  out  of  the  state  treasury  annually 
in  the  mon'th  of  July  to  the  treasurer  of  every  such  city  or 
village  maintaining  such  school  or  schools,  under  the  charge 
of  one  or  more  teachers  whose  qualifications  shall  be  approved 
by  the  state  superintendent,  the  sum  of  one  hundred  and  fifty 
(lojlars  for  each  deaf  mute  pupil  instructed  in  such  school  or 


MISCELLANEOUS   LAWS— DEAF   SCHOOLS.  Id 

i 

schools  at  least  nine  months  during  the  year  next  preceding 
the  first  day  of  July,  and  a  share  of  such  sum  proportionate  to 
the  term  of  instruction  of  any  pupil  as  shall  be  so  instructed 
less  than  nine  months  during  such  year. 

Inspectors  of  schools  for  the  deaf.  (As  created  by  chap.  422, 
laws  of  1901.)  SECTION  579a.  The  state  superintendent  of 
public  instruction  may  appoint  a  competent  person  who  shall 
act  under  his  direction  as  inspector  of  public  day  schools  for 
the  deaf  and  for  the  Delavan  school  for  the  deaf.  When  not 
engaged  in  the  inspection  of  the  schools  for  the  deaf,  he  may 
be  assigned  for  such  other  duties  as  the  state  superintendent 
may  determine  and  designate.  The  inspector  shall  receive  an 
annual  salary  of  fifteen  hundred  dollars  and  reimbursements 
for  all  actual  and  necessary  traveling  expenses  incurred,  when 
duly  certified  by  the  state  superintendent;  provided,  that  no 
more  than  five  hundred  dollars  shall  be  allowed  for  expenses. 
The  salary  and  expenses  shall  be  paid  in  the  same  manner  as  the 
state  officers  are  paid.  It  shall  be  the  duty  of  the  city  or  vil- 
lage treasurer  receiving  the  money  provided  for  in. section  578 
of  the  statutes  of  1898  to  render  annually  to  the  superintendent 
of  public  instruction  an  itemized  statement  of  all  expenditures 
of  said  day  school.  All  unexpended  moneys  appropriated  by 
the  state  for  the  maintenance  of  said  schools,  shall  be  returned 
to  the  state  treasurer  before  Jul^  first  of  each  year.  All  sur- 
plus now  on  hand  with  village  or  city  treasurers  belonging  to 
the  day  schools  shall  be  returned  to  'the  state  treasurer  on  or 
before  the  first  day  of  July,  1901.  It  shall  be  the  duty  of  the 
inspector  to  report  annually  to  the  superintendent  of  public  in- 
struction as  to  the  condition  and  progress  of  the  day  schools, 
and  make  such  recommendations  as  he  may  deem  proper  for  the 
improvement  of  the  same. 

School  superintendent's  duty.  SECTION  577.  It  shall  be  the 
duty  of  each  county  and  city  superintendent  of  schools  to  send 
to  the  superintendent  of  the  school  for  the  deaf  and  dumb  the 
address  of  the  parent,  parents,  guardians  or  other  persons  in  his 
county  or  city  who  have  the  custody  of  deaf  mute  children,  and 
to  inform  such  /persons  respecting  the  schools  for  such  children 
in  this  state  and  the  conditions  of  admission  to  them.  The  su- 
perintendent of  the  state  school  shall  furnish  each  such  school 
superintendent  with  sufficient  printed  matter  to  enable  him  to 
11 


162  SCHOOL  LAWS   OF  WISCONSIN. 

learn  such  conditions  and  with  the  names  and  residences  of  all 
the  deaf  mute  children  known  to  be  in  the  superintendent  dis- 
trict. Every  such  school  superintendent  shall  include  in  his 
annual  report  a  statement  of  the  number  of  deaf  mute  child ern 
of  school  age  in  his  city  or  county  then  receiving  an  education 
and  the  number  not  being  educated,  and  of  the  number  of  per- 
sonal visits  made  to  induce  the  parents,  guardians  or  other  cus- 
todians of  such  children  to  give  them  a  proper  education. 
Compare  section  4617s. 

School  boards  in  cities  of  the  first  class.  (Chapter  186,  Laws 
of  1897.)  SECTION  1.  The  public  schools  in  every  city  of  the 
first  class,  meaning  thereby  every  city  in  the  state  of  Wisconsin 
now  or  hereafter  having  a  population  of  one  hundred  and  fifty 
thousand  or  over,  whether  organized  under  special  charter  or  un- 
der the  general  law,  shall  be  under  the  general  managemen, 
control  and  supervision  of  a  board  of  school  directors,  consisting 
of  one  director  from  each  ward  of  such  city,  to  be  appointed  pur- 
suant to  the  provisions  of  the  next  following  section. 

SECTION  2.  All  appointments  of  members  of  the  board  of 
school  directors  of  such  city  shall  be  made  by  a  commission  con- 
sisting of  four  citizens  of  suitable  character  and  education,  who 
shall  be  appointed  by  the  mayor  of  the  city,  as  hereinafter  pro- 
vided. Not  more  than  two  of  the  members  of  such  commission 
shall  at  the  time  of  their  appointment  belong  to  the  same  polit- 
ical party;  and  no  person  holding  any  office  in  any  political 
organization,  or  any  lucrative  city,  county  or  state  office,  other 
than  a  judicial  office  or  that  of  notary  public,  shall  be  eligible 
to  be  a  member  of  such  commission  or  of  such  board  of  school 
directors. 

SECTION  3.  The  mayor  of  every  such  city  of  the  first  class 
shall  on  the  second  Tuesday  of  April,  in  the  year  1897,  or  in  the 
next  year  following  the  first  national  or  state  census  showing 
it  to  be  a  city  of  the  first  class  as  defined  in  the  first  section 
of  this  act,  appoint  four  commissioners  in  accordance  with  the 
provisions  of  section  two  (2)  of  this  act,  designating  one  of  such 
commisioners  to  hold  office  for  a  term  of  four  years,  one  for 
three  years,  one  for  two  years,  and  one  for  one  year  from  the 
date  of  appointment,  and  thereafter  the  mayor  shall  appoint  an- 
nually one  member  of  such  commission  to  hold  office  during  a 
term  of  four  years.  Any  vacancies  arising  in  such  commission 
shall  be  filled  by  appointment  by  the  mayor  for  the  un expired 
term. 


MISCELLANEOUS  LAWS— CITIES.  163 

SECTION  4.  The  commission  so  appointed  shall  be  known  as 
the  "School  Board  Commission/'  and  the  secretary  of  the  board 
of  school  directors  shall  act  as  secretary  of  the  commission,  and 
shall  keep  a  full  and  complete  record  of  all  its  transactions. 
The  commission  shall  meet  at  the  secretary's  office  for  the  first 
time  on  the  third  Tuesday  in  April,'  in  the  year  1897,  or  the 
year  of  its  appointment  and  shall  be  organized  by  selecting  one 
of  its  members  as  chairman  who  shall  preside  for  one  year,  or 
until  his  successor  is  chosen,  and  said  commission  shall  then  pro- 
ceed to  divide  the  number  of  wards  of  the  city  of  such  com- 
mission into  three  classes,  so  that  each*  class  shall  include  as 
nearly  as  practicable  the  same  number  of  wards,  and  so  that 
the  first  class  shall  include  'the  wards  numbered  consecutively 
one  and  upwards ;  the  second  class  shall  include  the  wards  bear- 
ing the  next  following  numbers,  and  the  third  class  shall  in- 
clude the  remaining  wards  bearing  the  higher  numbers,  and 
said  commission  shall  then  appoint  one  director  to  represent 
rnch  ward  in  such  city,  those  appointed  to  represent  wards  in 
the  first  class  to  serve  for  thr( _-j  years,  those  representing  wards 
in  the  second  class  to  serve  for  two  years,  and  those  represent- 
ing wards  in  the  third  class  to  serve  for  one  year,  and  there- 
after the  commission  shall  annually  on  the  third  Tuesday  in 
April  appoint  successors  to  the  directors  whose  terms  expire, 
su<\h  successors  to  hold  office  for  three  years  from  the  date  of 
their  appointment.  All  vacancies  in  said  board  of  school  di- 
rectors caused  by  resignation,  removal,  death,  or  resulting  from 
anv  other  cause,  shall  be  reported  to  the  secretary,  and  the 
school  board  commission  shall  upon  notification  by  the  secre- 
tary, immediately  appoint  a  successor  for  the  unexpired  term. 
The  members  of  every  school  board  commission  and  board  of 
school  directors  shall,  before  entering  upon  the  duties  of  such 
office,  take  and  subscribe  the  oath  of  office  prescribed  in  the 
constitution  of  this  state,  and  shall  file  the  same,  duly  certified 
by  the  officer  administering  the  same,  with  the  city  clerk. 

SECTION  5.  The  board  of  school  directors  so  appointed  shall 
meet  on  the  first  Tuesday  in  May  in  each  year,  and  organize  bv 
the  election  of  the  proper  officers.  A  president  shall  be  elected 
from  their  own  number  by  said  board  to  serve  for  one  year  or 
until  his  successor  shall  be  chosen,  and  in  his  absence  or  during 
his  disability  the  board  shall  elect  a  president  pro  tempore. 
The  seat  of  any  member  shall  be  declared  vacant,  and  the  va- 
cancy shall  bo  filled  by  appointment  in  the  manner  hereinbe- 


164  SCHOOL   LAWS    OF   WISCONSIN. 

fore  provided,  if  the  board  reports  to  the  commission  that  said 
member  has  been  absent  for  four  successive  meetings  of  the 
board  without  a  satisfactory  reason.  In  case  of  the  absence 
or  inability,  from  any  cause,  of  any  officer  appointed  by  said 
board,  to  perform  the  duties  of  his  office,  said  board  may  ap- 
point some  suitable  person  to  act  in  his  place  and  stead  during 
his  absence  or  inability ;  and  such  person  shall  have  and  possess 
the  same  power  or  authority  as  the  officer  whose  place  he  is 
appointed  temporarily  to  nil. 

SECTION  6.  The  members  of  the  board  shall  be  subject  to 
all  the  restrictions,  disabilities,  liabilities,  punishments  and  lim- 
itations prescribed  by  law  as  to  members  of  the  common  coun- 
cil in  their  city,  and  they  shall  be  exempt  from  jury  duty.  The 
school  board  commission  may  remove  any  member  of  the 
board  for  causes  for  which  members  of  the  common  council  are 
removable.  The  board  shall  not  in  any  one  year  contract  any 
debt  or  incur  any  expense  greater  than  the  amount  of  the  school 
funds  subject  to  its  order,  without  a  previous  ordinance  or  reso- 
lution of  the  common  council.  A  majority  of  the  members  of 
the  board  who  have  duly  qualified  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  smaller  number  may  ad- 
journ. A  majority  of  the  whole  board  shall  be  necessary  to 
elect  any  officer  authorized  to  be  elected  by  said  board.  Regu- 
lar meetings  of  the  board  shall  be  held  at  least  once  each  month 
at  stated  times  to  be  fixed  and  published  by  the  board  in  its 
rules,  and  special  meetings  may  be  called  and  held  as  shall 
be  provided  by  the  rules  of  the  board,  at  which  no  other  busi- 
ness shall  be  transacted  than  that  specified  in  the  notification 
thereof,  which  shall  bo -given  personallv  or  mailed  to  each  mem- 
ber, at  least  twenty-four  hours  before  the  time  of  such  meeting. 

SECTION  7.  The  board  of  school  directors  of  each  city  in 
which  this  act  shall  be  applicable  is  hereby  authorized  and  re- 
quired, subject  to  the  approval  of  the  common  council,  to  es- 
tablish and  organize  so  many  public  schools,  in  addition  to  those 
already  established  in  such  city,  as  may  be  necessary  for  the  ac- 
commodation of  the  children  of  the  city  entitled  by  the  con- 
stitution and  laws  of  the  state  to  instruction  therein.  The 
common  council,  upon  recommendation  and  request  of  the  said 
board  as  hereinafter  provided,  shall  erect,  nurchase,  hire  or 
lease  buildings,  improve  or  enlarge  the  same,  and  purchase  fur- 
niture and  lots  for  the  accommodation  of  such  public  schools 
of  said  city.  The  selection  of  sites  for  school  buildings  and  the 


MISCELLANEOUS  LAWS— CITIES.  165 

adoption  of  plans  for  the  erection  of  school,  buildings  shall  be 
determined,  first,  by  the  concurrent  action  of  a  committee  con- 
sisting of  the  superintendent  of  schools,  'the  president  of  the 
board  of  school  directors,  the  building  inspector  of  said  city, 
the  members  of  the  board  of  public  works,  the  chairman  of  the 
committee  on  schools  of  the  common  council,  and  the  chairman 
of  the  committee  on  public  buildings  and  grounds  of  common 
council,  if  any  or  all  of  such  officers  or  committees  there  be, 
and  if  not,  then  by  a  committee  consisting  of  such  of  said  offi- 
cers as  there  may  bo  and  three  members  of  the  common  council 
of  such  city  to  be  appointed  by  the  president  thereof,  and  the 
decision  of  such  committee  so  formed  as  aforesaid  shall  be  sub- 
ject to  'the  approval  of  the  common  council,  and  shall  not  be 
modified  or  amended  by  said  common  council,  except  as  to  the 
amount  of  money  appropriated  for  the  execution  of  the  work, 
the  purchase  of  sites,  or  the  fulfillment  of  contracts  involved 
in  the  adoption  of  such  committee's  recommendation;  provided, 
that  if  such  committee  shall  be  divided  in  opinion,  with  a  mi- 
nority of  at  least  three  members,  then  the  common  council  shall 
finally  decide  and  may  amend  such  report,  and  adopt  the  same 
in  such  form  as  said  common  council  shall  deem  best.  The 
school-houses  now  erected  and  'the  lots  on  which  they  are  situ- 
ated, and  the  lots  now  or  hereafter  purchased  for  school  pur- 
poses, and  the  school-houses  thereon  erected  shall  be  the  prop- 
erty of  the  city,  and  no  lot  shall  be  purchased  or  leased,  nor 
shall  any  school-house  be  erected  without  an  ordinance  or  reso- 
lution duly  passed  by  the  common  council.  Deeds  of  convey- 
ance and  leases  shall  be  made  to  'the  city.  The  said  board  shall 
also  have  the  power  to  establish  and  define  from  time  to  time 
the  boundaries  of  all  common  and  high  school  districts,  in  such 
manner  as  they  may  deem  best  calculated  to  promote  the  in- 
terests of  the  schools.  The  board  shall  also  have  'the  power, 
subject  to  the  powers  and  regulations  of  the  city  service  com- 
mission, to  employ  all  janitors  necessary  in  the  school-houses 
of  their  city,  and  to  fix  their  compensation;  but  the  principal 
of  each  school  shall  be  custodian  of  all  buildings'  and  rooms  oc- 
cupied by  the  school  over  which  he  presides,  and  shall  have  the 
general  supervision  over  the  same,  and  shall  direct  the  janitor 
thereof  in  relation  to  the  keeping  and  care  of  such  buildings  and 
rooms. 

SECTION  8.     The  board  of  school  directors  shall  have  the 
power  to  adopt  for  use  in  the  several  public  schools  of  any  such 


SCHOOL  LAWS   OF  WISCONSIN. 

city,  suitable  text-books,  subject  to  die  provisions  of  the  next 
following  section.  Said  text-books  shall  be  uniform  in.  the 
various  schools,  and  when  the  board  shall  have  adopted,  for  use 
in  the  public  schools  of  any  such  city,  any  text-book,  or  text- 
books, the  same  shall  not  be  changed  by  the  board  for  live  years 
next  thereafter;  and  the  board  shall  require  that  the  system 
of  instruction  in  the  several  schools  under  its  control  shall  be 
as  nearly  uniform  as  possible,  and  shall  adopt  at  its  discretion, 
and  modify  or  repeal,  by-laws,  rules  and  regulations  for  its  own 
government,  and  for  tne  organization,  discipline  and  manage- 
ment of  the  public  schools  under  its  control,  and  generally 
adopt  such  measures  as  shall  promote  the  good  order  and  public 
usefulness  of  said  schools;  provided,  that  such  by-laws,  rules 
and  regulations  shall  not  conilict  with  the  constitution  and  laws 
of  the  state. 

SECTION  9.  (Chapter -35 7,  Laws  of  1901,  amending  Chap. 
186,  Laws  of  1897,  as  amended  by  Chap.  58,  Laws  of  1899.) 
The  board  of  school  directors  shall  elect  by  ballot  on  the  first 
Tuesday  of  March  next  following  the  date  of  their  first  appoint- 
ment, and  every  third  year  thereafter,  a  person  of  suitable  learn- 
ing and  experience  in  the  art  of  instruction,  and  practical  famil- 
iarity with  the  most  approved  methods  of  organizing  and  con- 
ducting a  system  of  schools,  for  superintendent  of  schools,  and 
said  superintendent  shall  hold  his  olfice  for  three  years,  except  in 
case  of  removal  as  hereinafter  provided.  The  superintendent 
of  schools  shall,  under  the  direction  of  the  board,  have  general 
supervision  of  the  public  schools  in  the  cities  aforesaid  and  of 
the  manner  of  conducting  and  grading  them,  and  of  the  teachers. 
He  shall  appoint,  subject  to  confirmation  by  the  board,  an  as- 
sistant superintendent  and  such  other  assistants  and  supervisors 
as  may  be  authorized  by  the  board ;  provided,  that  the  creation 
of  any  new  office  or  the  increasing  of  any  salary  of  any  officer, 
teacher  or  employe,  by  the  said  board  of  school  directors,  shall 
after  the, adoption  of  any  resolution  therefor  by  said  board  be 
submitted  to  the  mayor  of  any  such  city  who  may  exercise  the 
veto  power  with  respect  thereto,  in  the  same  manner  and  with 
like  effect  as  he  now  may  exercise  such  power  with  respect  to 
resolutions  of  the  common  council  of  any  suc"h  city.  Such  su- 
perintendent shall  be  an  advisory  member  of  every  committee 
of  the  board,  except  at  times  W7here  any  inquiry  into  his  acts  or 
investigation  of  his  official  conduct  shall  be  under  considera- 
tion by  such  committee.  A  committee,  consisting  of  the  presi- 


MISCELLANEOUS  LAWS— citiES.  let 

dent  of  the  board,  and  four  members  of  the  board  selected  by  the 
president  shall  examine,  certificate,  employ,  classify,  transfer, 
and  promote  teachers.  .  The  action  of  such  committee  shall  be 
subject  to  amendment  and  confirmation  by  the  board.  The 
president  of  the  board  and  four  members  of  the  board  thereof, 
to  be  selected  by  the  president,  shall  constitute  a  committee  to 
select  and  determine  courses  of  study  for  the  schools,  and  the 
text-books  to  be  used  therein.  The  action  of  such  committee 
shall  be  subject  to  amendment  and  confirmation  by  the  board. 
The  president  together  with  four  members  of  the  board  selected 
by  him,  acting  as  a  committee,  may  by  a  majority  vote  dismiss 
teachers  and  janitors  for  misconduct,  incompetency,  inefficiency 
or  inattention  to  duty.  The  action  of  such  committee  shall  be 
subject  to  amendment,  rejection  or  confirmation  by  the  board. 
The  assistant  superintendent  and  other  supervisors  and  assist- 
ants heretofore  referred  to,  shall  hold  their  several  positions  dnr- 
ing  the  term  for  which  the  superintendent  is  elected,  except  in 
case  of  removal.  The  salaries  of  the  superintendent,  assistant 
superintendent  and  other  assistants  shall  be  fixed  by  the  board. 
SECTION  10.  (Chapter  357,  Laws  of  1901,  amending  Chap. 
186,  Laws  of  1897,  as  amended  by  Chap.  58,  Laws  of  1899.) 
The  board  shall  also  appoint  as  a  vacancy  shall  occur,  some  suit- 
able person  to  act  as  secretary  of  the  board,  who  shall  receive  a 
salary  to  be  fixed  by  such  board.  It  shall  be  his  duty  to  attend 
the  meetings  of  the  board,  to  keep  a  record  of  the  proceedings, 
and  a  full  and  fair  account  of  all  receipts  and  expenditures  of 
the  board,  and  to  do  and  perform  such  other  duties,  as  shall  be 
required  of  him  by  said  board.  The  secretary  of  the  board 
shall,  before  entering  upon  the  duties  of  his  office,  execute  a 
bond  to  the  city  for  which  he  is  appointed,  in  such  form  and 
penalty  and  with  such  conditions  as  the  board  shall  prescribe, 
with  sureties  to  be  approved  by  said  board,  which  bond  shall  be 
filed  wih  and  kept  in  the  office  of  the  city  clerk  of  said  city,  and 
the  board  shall  require  security  to  be  given  for  the  faithful 
performance  of  his  dutLs^  by  any  officer  or  employe  of  said 
board,  in  such  form  and  amount  as  the  board  shall  deem  best, 
and  may  at  any  time  require  of  any  officer  or  employe  additional 
bonds  and  sureties,  in  its  discretion.  The  secretary  of  the 
board  shall  also  take  the  annual  enumeration  of  the  children  of 
school  age  in  the  city,  required  by  law,  and  shall  at  the  same 
time  collect  such  further  statistics  and  information  relating  to 
schools  and  to  the  population  entitled  to  school  privileges  in 
said  city  as  may  be  directed  and  required  by  the  board,  and  he 


168  SCHOOL  LAWS   OF  WISC6NSltf. 

shall  receive  for  such  service  a  compensation  or  fee  of  two  cents 
per  capita  upon  the  entire  enumeration  of  persons  between  the 
ages  o±  four  and  twenty,  residing  in  such  city,  to  be  audited  by 
the  board  and  paid  out  of  the  funds  provided  for  the  support  of 
the  schools. 

SECTION  11.  It  shall  be  the  duty  of  the  secretary  of  the 
board,  within  thirty -days  after  the  appointment  of  teachers  and 
other  salaried  employes,  to  report  to  and  file  wi'th  the  city  comp- 
troller or  other  auditing  officer  of  the  city,  a  duly  certified  list 
of  teachers  and  employes  so  appointed,  with  the  salary  allowed 
to  each  and  a  statement  of  'the  time  or  times  fixed  for  the  pay- 
ment thereof.  He  shall  also  as  often  as  any  action  by  said 
board  changing  the  salaries  of  any  of  the  officers  of  said  board, 
or  of  any  of  such  teachers  or  employes,  or  making  a  new  elec- 
tion or  appointment  to  any  position  entitling  the  person  ap- 
pointed to  receive  a  stated  salary,  immediately  after  such  ac- 
tion is  had,  in  like  manner  file  with  such  comptroller  or  other 
auditing  officer  a  certified  list  and  statement  of  all  such  changes 
and  appointments.  All  claims  and  demands  against  the  city 
or  board,  before  they  are  allowed  by  the  board,  shall  be  audited 
and  adjusted  by  'the  comptroller  or  other  auditing  officer  of 
such  city  and  immediately  after  the  allowance  by  the  board 
of  any  claim  or  account,  it  shall  be  the  duty  of  the  secretary 
of  the  board  to  furnish  to  such  comptroller  or  other  officer  a 
complete  list  of  'the  same,  together  with  the  proper  vouchers, 
stating  the  character  of  the  material  or  service  for  which  the 
same  were  rendered;  and  before  a  \varrant  shall  be  issued  there- 
for, it  shall  be  the  duty  of  such  comptroller  or  other  officer 
to  sign  the  same.  And  said  secretary  shall  also  make  and  file 
with  the  said  comptroller  or  other  auditing  officer  quarterly 
statements  of  the  condition  of  the  fund  for  the  support  of 
schools  and  of  the  financial  transactions  of  the  board  during  the 
three  months  ne>xt  preceding  such  statement. 

SECTION  12.  The  superintendent  of 'schools,  or  the  secretary 
of  the  board,  may  be  removed  from  office  for  misdemeanor  in 
office,  incompetency  or  inattention  to  the  duties  of  his  office, 
by  a  vote  of  two-thirds  of  the  board;  provided,  that  notice  in 
writing  of  charges  against  him  and  of  the  time  and  place  of 
hearing  and  acting  upon  the  same,  shall  be  served  upon  the  ac- 
cused at  least  five  days  before  the  time  of  hearing  and  before 
any  action  shall  be  taken  by  the  board  thereon.  And  the  ac- 
cused shall  be  heard  by  himself  or  counsel,  and  either  party 
may  produce  witnesses  who  shall  be  sworn  by  the  president  of 


MISCELLANEOUS  LAWS— CITIES.  IGO 

the  board  and  give  testimony  subject  to  'the  pains  and  penal- 
ties of  perjury. 

SECTION  13.  The  board  of  school  directors  is  hereby  author- 
ized, and  it  shall  be  their  duty,  to  maintain  the  high  schools 
now  established  in  said  cities,  and  to  establish  and  maintain 
such  o'ther  high  schools  as  may  from  time  to  time  be  found 
necessary  by  them,  and  said  board  shall  divide  said  cities  into 
high  school  districts,  and  said  schools  shall  be  open  to  students 
residing  within  said  districts. 

SECTION  14.  The  high  schools  shall  be  public  schools,  and 
as  such,  under  the  same  supervision  and  control  in  respect  to 
location,  buildings,  leases,  furniture,  teachers,  text-books,  and 
course  of  study,  and  all  other  matters  as  is  provided  hereinbe- 
fore in  the  case  of  common  schools. 

SECTION  15.  The  course  of  study  in  the  high  schools  shall 
be  liberal,  and  shall  embrace  such  studies  as  said  board  and  the 
superintendent  may  deem  proper,  and  the  board  shall  have 
power  to  grant  diplomas  in  testimony  of  scholarship  and  liter- 
ary acquirements. 

SECTION  16.  (Chap.  130,  Laws  of  1901,  amending  Chap. 
186,  Laws  of  1897,  as  amended  by  Chap.  58,  Laws  of  1899.) 
The  said  board  shall  report  to  the  common  council  of  each 
city  under  this  act,  at  or  before  the  first  meeting  of  the 
council  in  September  in  each  year,  the  amount  of  money 
required  for  the  next  fiscal  year  for  the  support  of  all 
the  public  schools,  including  high  schools,  in  said  city;  and 
it  shall  be  the  duty  of  said  common  council  to  levy  and  collect 
a  tax,  not  exceeding  three  and  one-half  mills  upon  the  dollar, 
of  the  total  assessed  valuation  of  all  property,  real  and  personal, 
in  such  city,  subject  to  taxation,  in  addition  to  the  tax  to  be 
levied  for  general  city  purposes,  upon  all  the  taxable  property 
of  said  city,  at  the  same  time  and  in  the  same  manner  as  other 
taxes  are  levied  and  collected  by  law,  which  with  the  other 
funds  provided  by  law  and  placed  at  the  disposal  of  such  city 
for  the  same  purpose,  shall  be  equal  to  the  amount  of  money 
so  required  by  said  board  for  the  support  of  said  schools.  The 
said  tax  and  the  entire  school  fund  of  the  city  shall  not  be  used 
or  appropriated,  directly  or  indirectly,  for  any  other  purposes 
than  the  payment  of  the  salaries  of  the  superintendent  of  schools 
and  his  legally  authorized  assistants,  the  secretary  of  the  school 
board,  the  legally  qualified  teachers  whose  appointments  are 
confirmed  by  said  board,  and  such  other  employes  as  the  board 
may  deem  necessary  and  the  necessary  and  current  expenses  of 


SCHOOL   LAWS    OF   WISCONSIN. 

the  schools,  including  the  purchase  of  school  supplies,  apparatus, 
fuel,  gas,  electricity  or  electrical  power.  All  money  received 
by  or  raised  in  such  city  for  school  purposes,  shall  be  paid  over 
to  the  city  treasurer,  to  be  disbursed  by  him  on  orders  of  the 
president  and  secretary  of  said  board,  countersigned  by  the  city 
comptroller*  provided  that  the  president,  instead  of  signing 
each  order,  may  certify  upon  the  pay  rolls,  furnished  by  the 
secretary  to  the  comptroller,  to  the  facts  that  the  amounts 
therein  are  correct  as  allowed  by  said  board.  Provided  that 
the  board  of  school  directors  may  provide  by  resolution  for  the 
payment;  of  all  persons  employed  by  said  board  in  the  service 
of  the  city  upon  monthly  pay  rolls  and  the  manner  in  which 
the  same  shall  be  certified,  audited  and  approved  and  payment 
made  thereon,  and  such  pay  rolls  shall  in  all  cases  be  certified 
by  the  president  and  secretary  and  the  finance  committee  of 
said  board  of  school  directors,  and  countersigned  by  the  city 
comptroller  of  such  city. 

SECTION  17.  (Chap.  357,  Laws  of  1901,  amending  Chap. 
186,  Laws  of  1897,  as  amended  by  Chap.  58,  Laws  of  1899.) 
The  common  council  shall,  in  addition  to  the  funds  hereinbefore 
provided  for  the  support  and  maintenance  of  the  public  schools 
levy  and  collect  a  tax  upon  all  the  taxable  property  of  said  city, 
at  the  same  time  and  in  the  same  manner  as  other  taxes  are 
levied  and  collected  by  law,  for  such  amount  of  money  as  may 
be  determined  and  reported  to  the  common  council  in  September 
in  such  year,  for  the  purpose  of  defraying  the  expense  of  re- 
pairs of  school  buildings,  fixtures,  grounds  and  fences,  and  re- 
placing broken  or  worn  out  furniture.  Said'tax,  when  collected, 
shall  be  set  aside  for  the  purpose  herein  specified,  to  be  dis- 
bursed only  upon  the  order  of  the  board  of  school  directors,  upon 
bills  incurred  and  allowed  by  them  for  the  purposes  herein  men- 
tioned. Such  tax  shall  not  exceed  one-fourth  of  a  mill  upon  the 
dollar  of  the  total  assessed  valuation  of  all  property,  real  and 
personal,  in  said  city,  subject  to  taxation. 

SECTION  18.  The  board  shall  be  governed  in  all  things  by 
the  school  laws  of  the  state,  except  as  they  are  altered  or  mod- 
ified by  this  act.  They  shall  report  to  the  common  council  an- 
nually the  general  proceedings  and  acts  of  said  board,  the  num- 
ber and  condition  of  the  public  schools  kept  in  said  cities  during 
the  year,  and  the  time  they  have  severally  been  'taught,  the 
number  and  names  of  teachers;  the  number  of  children  taught 
in  said  schools  respectively,  the  result  of  the  annual  enumera- 
tion required  by  law;  the  extent  of  school  accommodations  in 


MISCELLANEOUS  LAWS— CITIES.  ifi 

the  several  schools;  the  amount  of  school  money  raised  or  re- 
ceived during  the  year,  distinguishing  the  amount  received 
from  the  state  fund  Irom  the  amounts  derived  from  taxes  levied 
by  the  county  board  of  supervisors  and  by  the  common  council 
respectively,  and  the  accounts  allowed  by  them  against  the 
school  fund  in  detail,  together  with  such  other  information  as 
they  may  deem  useful,  or  as  the  common  council  may  require. 
A  copy  of  said  report  shall  be  transmitted  to  the  state  superin- 
tendent of  public  instruction,  and  a  like  copy  to  the  librarian 
of  the  state  historical  society  at  Madison. 

SECTION  19.  ~No  member  of  'the  school  board  commission  or 
board  of  school  directors,  superintendent,  assistant  superintend- 
ent, secretary  of  the  board,  other  assistant,  teacher  of  any  com- 
mon school  or  high  school,  or  janitor  or  other  employe  of  the 
board,  shall  be  in  anywise  interested  in  any  purchase  or  sale 
of  any  real  or  personal  property  by  'the  city  for  the  use  or  con- 
venience of  any  of  the  schools,  and  no  such  contract  made  in 
violation  of  this  provision  shall  be  valid,  and  any  consideration 
paid  by  the  city  upon  any  such  purchase  or  sale  herein  pro- 
hibited, may  be  recovered  in  an  action  at  law  in  the  name  o$ 
the  city  aggrieved  thereby,  and  any  person  so  offending  against 
the  provisions  of  this  ac'b  shall  be  removed  from  any  position 
held  by  him  under  this  act. 

SECTION  20.  The  members  of  the  school  board  of  any  city 
who  may  be  in  office  at  the  time  this  act  shall  go  into  effect  in 
such  city,  shall  continue  to  act  as  such  board  until  the  da'te 
herein  prescribed  for  the  first  meeting  and  organization  of  the 
board  of  school  directors  for  such  city  to  be  appointed  under 
this  act,  and  their  official  term  and  authority  shall  then  cease. 

SECTION  21.  This  act  is  not  intended  to  affect  the  term  of 
office  of  any  person  now  serving  in  any  capacity  by  virtue  of 
an  appointment  heretofore  made  by  the  school  board  in  any 
such  city,  but  such  officer  shall  continue  to  serve  in  the  same 
capacity  under  the  board  of  school  directors  hereby  created  for 
the  term  for  which  he  was  so  appointed;  subject,  nevertheless, 
to  be  removed  from  such  office  for  the  causes  and  in  the  man- 
ner mentioned  in  this  act.  Any  vacancy  for  any  cause  occur- 
ring in  any  office,  subject  to  the  provisions  of  this  act,  shall  be 
filled  by  appointment  for  the  unexpired  term. 

SECTION  22.  This  act  is  amendatory  of  the  charters  of  tlio 
various  cities  to  which  it  applies  or  may  hereafter  become  ap- 
plicable, and  any  provisions  of  said  charters  inconsistent  here- 


172  SCHOOL   LAWS    OF   WISCONSIN. 

with  are  hereby  modified,  amended  or  repealed  by  this  act  to 
the  extent  necessary  to  give  full  force  and  effect  to  the  intent 
hereof.  All  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act  are  hereby  repealed. 


GENERAL    CHARTER    LAW    DIVIDING    CITIES    INTO    CLASSES 

AND  PROVIDING  FOR  THEIR  INCORPORATION 

AND  GOVERNMENT. 

Board  of  education;  appointment;  terms;  villages  and  cities. 
SECTION  925 — 113  (as  amended  by  Chap.  287,  Laws  of  1899). 
In  every  city  or  village  which  shall  adopt  this  chapter  for  its 
government,  or  shall  have  become  newly  organized  under  it  by 
reason  of  the  provisions  of  section  925g,  Wisconsin  statutes  of 
1898,  if  there  shall  be  or  shall  have  been  at  the  time  of  such 
adoption,  a  board  of  education  or  school  board  elected  by  the 
people  under  the  provisions  of  its  charter,  or  the  school  district 
system  is  in  force,  and  in  all  cases  of  such  cities  or  villages 
which  have  heretofore  adopted  the  provisions  of  this  act,  or  be* 
come  newly  organized  as  aforesaid,  arid  which  shall  have  con- 
tinued to  act  under  the  old  school  district  or  school  board  sys- 
tem, the  election  and  organization,  powers  and  duties  of  such 
board  shall  not  be  affected  by  this  chapter;  and  such  system 
shall  continue  until  changed  by  a  vote  of  the  electors  of  such 
school  district;  provided,  that  whenever  such  school  district 
shall  embrace  within  its  limits  a  portion  of  the  township  outside 
of  the  limits  of  such  city  or  village,  the  said  school  district  shall 
thereafter  constitute  a  joint  school  district  of  such  city  and 
township  until  changed  by  a  vote  of  the  electors  of  such  joint 
school  district.  In  all  other  cities  governed  by  this  chapter,  the 
board  of  education  shall  consist  of  one  commissioner  from  each 
ward  and  three  from  the  city  at  large,  to  be  appointed  by  the 
mayor  and  confirmed  by  the  common  council,  or  elected  by  the 
council,  if  determined  by  ordinance.  The  mayor,  in  appoint- 
ing, or  council  in  electing  the  first  board,  shall  divide  the  mem- 
bers into  three  classes  as  nearly  equal  as  may  be,  one  of  the  com- 
missioners at  large  being  in  each  class,  and  shall  appoint  those 
of  one  class  for  one  year,  those  of  another  class  for  two  years, 
and  those  of  the  remaining  class  for  three  years.  Each  com- 
missioner shall  hold  his  office  for  the  term  designated  in  such 
classification,  and  until  his  successor  shall  have  qualified.  There- 
after, all  commissioners  shall  be  appointed  or  elected,  and  hold 


MISCELLANEOUS   LAWS— GENERAL   CHARTER.  173 

their  offices  for  three  years,  and  until  their  successors  shall  have 
qualified. 

This  is  an  amendment  to  subdivision  113,  of  section  925,  of  the  Wis- 
consin statutes  of  1898  relating  to  cities,  and  is  so  broadened  as  to  in- 
clude villages  in  certain  cases. 

Annual  meeting.  SECTION  925 — 114.  The  first  meeting  of 
the  board  each  year  shall  be  held  on  the  first  Monday  in  May 
or  as  soon  thereafter  as  may  be.  At  such  meeting  the  board 
shall  elect  one  of  its  members  president  and  another  vice-presi- 
dent. The  president  shall  preside  and  preserve  order  at  every 
meeting  of  the  board  at  which  he  shall  be  present,  and  perform 
such  other  duties  as  the  board  shall  by  rule,  by-law  or  resolu- 
tion from  time  to  time  require  qf  him.  It  shall  be  the  duty  of 
the  vice-president  'to  discharge  the  duties  of  the  president  in  his 
absence. 

Secretary  and  superintendent.  SECTION  925 — 115.  In  cities 
of  the  first  class  the  board  of  education  shall,  annually  at  its 
first  meeting  or  as  soon  thereafter  as  may  be,  elect  a  secretary 
who  shall  not  be  a  member  of  the  board.  In  other  cities  the 
city  clerk  shall  be  ex-officio  secretary  of  the  board.  In  cities 
not  under  the  supervision  of  a  county  superintendent,'  the 
board  shall,  in  like  manner  at  such  meeting  or  as  soon  there- 
after as  may  be,  elect  a  superintendent  of  schools  for  the  city 
who  shall  not  be  a  member  of  the  board.  These  officers  -shall 
hold  their  respective  offices  for  one  year  and  until  their  succes- 
sors shall  have  been  elected,  unless  sooner  removed  by  a  reso- 
lution adopted  by  a  vote  of  two-thirds  of  the  members  of  the 
board. 

Authority  of  board.  SECTION  925 — 116.  The  board  of  edu- 
cation, shall  have  authority: 

1.  To  establish  and  organize  such  high  schools  and  so  many 
district  schools  and  branches  of  the  same,  primary  schools,  night 
schools  and  kindergartens  as  they  shall  deem  expedient. 

2.  To  establish  and  change  from  time  to  time  such  and  so 
many  school  districts  as  shall  include  all  the  territory  of  the 
city,  and  to  afford  to  the  people  of  'the  city  such  district  school 
facilities  as  the  circumstances  of  the  city  and  its  various  parts 
may  from  time  to  time  require;  provided,  that  in  cities  adopt- 
ing this  chapter  or  being  newly  organized  under  it  the  school 


SCHOOL   LAWS    OF   WISCONSIN. 

districts   already   established   shall   remain   until   otherwise   or- 
dered by  the  board. 

3.  To  purchase  and  preserve  such  school  apparatus  as  may 
from  time  to  time  be  required. 

4.  To  grade  the  schools  and  prescribe  the  course  of  study  to 
be  pursued  therein,  and  the  text-books  to  be  used;  provided, 
that  such  text-books  shall  not  be  changed  oftener  than  once  in 
five  years. 

5.  To  employ -teachers  of  all  grades  and  fix  their  salaries. 

6.  To  prescribe  rules  of  order  for  'the  regulation  of  their  own 
meetings  and  deliberations,  and  alter  and  repeal  the  same  from 
time  to  time  as  they  shall  see  proper. 

.  7.   To  appoint  all  necessary  standing  and  special  committees. 

8.  To  enact,  amend  and  repeal  all  necessary  rules,  regulations 
and  by-laws  for  the  government  of  the  schools,   teachers  and 
school  officers. 

9.  To  fix  the  salaries  and  prescribe  the  duties  of  the  superin- 
tendent of  schools  in  cities  not  under  the  supervision  of  a  county 
superintendent;  to  authorize  him  to  appoint  such  assistant  super- 
intendents, either  for  general  or  special  sendee,  as  they  may 
deem  necessary,  and  fix  the  salaries  of  such  assistants;  to  fix  the 
salary  of  the  secretary  of  the  board  and  his  assistants ;  prescribe 
his  duties,  whether  he  be  the  city  clerk  or  one  specially  elected 
by  the  board,  and  in  the  latter  case  to  authorize  such  secretary 
to  appoint  such  assistants  as  they  may  deem  necessary. 

10.  To  contract  for  and  purchase  all  necessary  fuel  for  the 
schools  and  school  offices,  provide  for  lighting  the  same,  ap- 
point janitors  for  the  school  buildings  and  school  offices,  and 
fix  their  salaries. 

11.  To  estimate  the  expenses  of  the  public  schools  as  herein- 
after provided. 

12.  To  exercise  all  the  powers  necessarily  incident  to  the 
powers  herein  conferred. 

Monthly  and  special  meetings.  SECTION  925 — 117.  It  shall 
be  the  duty  of  said  board  to  hold  monthly  meetings  at  such 
times  as  it  shall  from  time  to  time  prescribe;  special  meetings 
mav  be  held  under  such  rules  and  regulations  as  the  board  may 
fix." 

School  buildings;  office  for  board.  SECTION  925 — 118.  It 
shall  be.  the  duty  of  the  board  of  public  works  except  as  provided 
in  section  925 — 87,  under  the  direction  of  the  council  to  erect 


MISCELLANEOUS   LAWS— GENERAL  CHARTER.  175 

and  keep  in  repair  all  school  buildings,  and  to  provide  suitable 
offices  for  the  board  of  education,  and  its  secretary,  if  there 
be  one  other  than  the  city  clerk,  and  'the  city  superintendent 
of  schools,  if  any.  In  the  absence  of  permanent  school  build- 
ings, or  proper  offices  for  the  transaction  of  school  business, 
the  board  of  public  works  may  rent  suitable  rooms,  temporarily, 
for  schools  or  offices,  or  either. 

Estimates  of  expenses.  SECTION  925 — 119,  (Statutes  of  1898, 
as  amended  by  Chap.  186,  Laws  of  1899).  The  board  of  edu- 
cation shall  prior  to  the  first  day  of  March  each  year  make  an 
estimate  of  the  expenses  of  the  public  schools  for  the  ensuing 
year,  including  all  necessary  incidental  expenses  and  the 
amount  thereof  which  it  will  be  necessary  to  raise  by  city  tax- 
ation and  certify  the  same  to  the  city  clerk,  who  shall  lay  the 
same  before  the  common  council  at  the  first  regular  meeting 
thereof  in  March.  It  shall  be  the  duty  of  the  common  coun- 
cil to  consider  such  estimate  and  by  resolution  duly  adopted 
prior  to  the  first  day  of  April,  determine  the  amount  to  be  raised 
by  city  taxation  for  school  purposes  for  the  ensuing  year, 
which  amount  so  fixed  shall  be  included  in  the  annual  budget 
to  be  raised  by  a  tax  called  the  city  school  tax,  which  shall  be 
collected  the  same  as  other  taxes.  It  shall  be  the  duty  of  the 
city  treasurer  to  set  aside  and  keep  II  moneys  raised  in  any 
way  for  school  purposes,  whether  bj  the  state,  the  county  or 
the  city,  coming  into  his  hands,  in  a  separate  fund  to  be  called 
the  school  fund,  and  to  pay  out  the  same  upon  the  orders  of 
the  board  of  education,  signed  by  its  president  and  certified 
fey  its  secretary;  provided,  that  teachers'  and  janitors'  salaries 
may  be  included  in  a  single  order  each  month"  in  the  form  of 
a  pay  roll,  to  be  signed  and  certified  as  aforesaid;  provided, 
further,  that  in  any  city  "adopting  this  chapter,  if  at  the  time 
of  such  adoption  the  board  of  education  or  school  board  shall 
have  power  to  levy  the  city  school  tax  or  the  district  school 
taxes,  such  power  shall  continue  unaffected  by  this  chapter, 
and  this  section  shall  not  apply  'to  such  city  nor  be  in  force 
therein  until  specially  adopted  by  a  vote  of  three-fourths  of  the 
members  of  the  council. 

SECTION  2.  (Section  925 — 142.)  On  or  before  the  first 
day  of  October  in  each  year  the  board  of  public  wrorks,  if  there 
be  one,  shall  file  with  the  city  clerk  a  detailed  statement  of  the 
amount  of  money  that  will  be  required  for  the  ensuing  fiscal 
year  in  such  department,  and  the  city  comptroller  or  the  officer 


176  SCHOOL  LAWS   OP  WISCONSIN. 

performing  his  duties  shall  likewise  file  a  statement  of  the 
amount  required  by  the  police  and  fire  departments,  the  general 
and  library  fund,  and  for  the  purpose  of  paying  interest  for  the 
ensuing  year  on  the  public  debt  and  five  per  cent,  of  the  prin- 
cipal thereof.  The  city  clerk  shall  place  such  estimates,  before 
the  council  at  its  next  regular  meeting,  and  the  council  shall 
thereupon,  by  resolution,  levy  such  sums  of  money  as  may  be 
sufficient  for  the  several  purposes  for  which  taxes  are  authorized 
not  exceeding  the  amount  provided  by  section  925 — 142 a.  And 
in  making  such  levy  they  shall  take  into  consideration  the  esti- 
mated amount  that  will  be  received  by  the  city  during  the  fiscal 
year  from  licenses  or  from  any  other  source. 

This  is  an  amendment  of  section  925,  paragraph  119,  and  925,  para- 
graph 142,  of  the  Wisconsin  statutes  for  1898,  requiring  the  board  or 
education  to  make  an  estimate  of  the  expenses  for  the  public  schools 
in  cities  for  the  ensuing  year  and  to  certify  the  amount  which  it  will 
be  necesary  to  raise  by  city  taxation  to  the  city  clerk  before  the  first 
day  of  March  instead  of  October. 

Women  on  school  boards.  SECTION  926 — 16.  Any  woman 
over  'twenty-one  years  of  age  having  an  actual  residence  of  at 
least  one  year  next  preceding  the  time  of  her  election  or  ap- 
pointment in  the  ward  or  district  from  which  she  may  be 
elected  or  appointed,  owning  at  that  time  real  estate,  in  her 
own  right,  situate  in  such  ward  or  district,  may  be  elected  to 
or  appointed  upon  school  boards  or  boards  of  education  in  cities 
of  the  second  or  third  classes  and  hold  and  exercise  all  the 
powers  and  duties  of  such  office.  Removal  from  such  ward 
or  district  will  create  a  vacancy  in  the  office  so  filled.  Any  city, 
of  the  second  or  third  class  existing  under  special  charter  may, 
by  ordinance,  adopt  the  foregoing  provision  in  the  manner  fol- 
lowing: Such  ordinance  shall  be  introduced  at  some  regular 
meeting  of  the  common  council  and  no  action  shall  be  taken 
thereon  before  the  next  regular  meeting  thereof;  and  before 
final  action  shall  be  taken  thereon  it  shall  be  published  at  least 
once  in  each  week  for  three  successive  weeks  in  the  official  paper 
or  some  other  newspaper  to  be  designated  by  the  council,  to- 
gether with  a  notice  of  the  time  at  which  such  proposed  ordi- 
nance will  be  considered.  The  adoption  of  such  ordinance 
shall  be  by  at  least  three-fourths  of  all  the  members  elect  of 
the-  common  council.  "When  adopted  as  herein  provided  such 
ordinance  shall  be  deemed  a  repeal  of  all  parts  of  the  special 
charter  inconsistent  therewith  and  an  amendment  thereof. 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT. 


XV.-TOWNSHIP  SYSTEM  OF  SCHOOL 
GOVERNMENT. 


Districts  and  sub-districts.  SECTION  516.  Every  town 
which  is  now  or  may  hereafter  be  organized  in  this  state  is 
hereby  declared  and  constituted  one  school  district  for  all  the 
purposes  in  this  chapter  hereinafter  prescribed,  and  the  sev- 
eral school  districts  and  parts  of  joint  districts  which  are  now 
or  may  hereafter  be  established  in  the  several  organized  towns 
shall  be  styled  and  known  as  sub-districts  whenever  such  town 
shall  have  voted  to  adopt  the  township  system  of  school  govern- 
ment as  provided  in  section  552. 

Sub-districts,  formation  and  alteration  of.  SECTION  517. 
New  sub-districts  may  be  formed  and  the  boundaries  of  any 
sub-district  may  be  altered  by  the  town  board  of  directors  at 
any  regular  meeting  of  said  board ;  but  the  formation  and  alter- 
ation of  any  joint  sub-di&trict  shall  be  by  concurrent  action 
of  the  board  of  directors  of  all  the  towns  embraced  in  part  in 
such  sub-districts;  provided,  that  no  sub-district  shall  be  main- 
tained or  formed  which  has  residing  within  its  limits  less  than 
fifteen  children  of  school  age,  and  that  in  any  sub-district  such 
board  may  maintain  so  many  branch  schools  as  the  convenience 
of  the  school  population  may  require. 

Board  of  directors.  SECTION  518.  The  clerks  of  the  sev- 
eral sub-districts  in  any  organized  town,  together  with  the 
clerks  of  the  joint  sub-districts  the  school-houses  of  which  are 
situated  in  such  town,  shall  constitute  the  town  board  of  school 
directors. 

Their  powers.  SECTION  519.  The  said  board  shall  be  a 
body  corporate  and  shall  possess  the  usual  powers  of  a  corpo- 
ration for  public  purposes,  by  the  name  and  style  of  "the  board 


178  SCHOOL  LAWS   OP  WISCONSIN. 

of  school  directors  of  the  town "  ('the  name  of  the  town 

to  which  the  board  belongs),  and  in  that  name  shall  sue  and 
be  sued,  and  be  capable  of  contracting  and  being  contracted 
with,  and  of  holding  real  and  personal  estate  and  of  selling  the 
same,  as  authorized  by  law;  and  the  clerks  of  the  various  school 
districts,  together  with  the  clerks  of  the  joint  school  districts 
the  school-houses  of  which  are  situated  in  any  town  adopting 
the  township  system,  shall  constitute  the  first  board  of  directors 
of  such  town;  they  shall  meet  and  organize  within  two  weeks 
after  the  election  at  which  such  system  shallbe  adopted,  and 
hold  their  offices  until  the  next  annual  meeting  of  the  sub-dis- 
tricts of  such  town. 

Care  of  property.  SECTION  520.  Each  board  of  directors 
have,  in  tiieir  corporate  capacity,  the  title,  care  and  custody 
of  all  school-houses,  school-house  sites,  furniture,  apparatus 
and  other  property  of  all  kinds  belonging  to  the  sub-districts 
therein,  and  may  control  the  same  in  such  manner  as  will  best 
subserve  the  interests  of  the  schools  in  their  town. 

Meetings.  SECTION  521  (as  amended  by  Chap.  416,  Laws  of 
1901).  The  said  board  shall  hold  two  regular  meetings  in  each 
year.  The  first  shall  be  the  annual  meeting  and  shall  occur 
on  the  second  Monday  in  June,  and  be  held  at,  or  as  near  as 
may  be,  the  place  where  the  last  annual  election  was  held; 
the  second  shall  be  the  semi-annual  meeting  and  shall  occur  on 
the  third  Monday  in  March,  and  be  held  at  such  place  as  the 
board  may  designate  by  rule  or  as  was  fixed  at  the  preceding 
annual  meeting.  The  hour  of  meeting  shall  be  ten  o'clock  in 
the  forenoon. 

Special  meetings;  members;  expenses.  SECTION  522.  Special 
meetings  may  be  called  by  the  secretary,  or  in  his  absence  or 
disability,  by  the  president,  upon  the  application  of  one-third 
of  the  members  of  the  board,  and  shall  be  called  by  notifying 
each  member  personally  or  by  leaving  a  written  notice  at  his 
place  of  residence  or  business  stating  the  time,  place  and  ob- 
jects of  the  meeting  at  least  five  days  before  the  time  appointed 
therefor.  The  members  shall  be  reimbursed  their  expenses 
actually  and  necessarily  incurred  in  attending  all  meetings, 
bills  for  which  shall  be  audited  by  the  board. 

Officers  of  board;  secretary's  compensation.  SECTION  523  (as 
amended  by  Chapter  160,  Laws  of  1901.)  The  members  of  the 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT.  170 

board,  a  majority  of  whom  shall  constitute  a  quorum,  assembled 
at  each  annual  meeting,  shall  elect  from  their  number  a  presi- 
dent and  a  vice  president;  also  a  secretary  who  may  or  may  not 
be  of  their  number,  but  who  shall  be  a  resident  of  the  town  and 
hold  said  office  for  one  year  or  until  his  successor  is  elected. 
Such  secretary  shall  receive  compensation  of  not  less  than  two 
nor  more  than' 'three  dollars  per  day  for  not  to  exceed  twenty- 
five  days  in  each  school  year,  and  the  other  members  of  the  exec- 
utive committee  may,  when  the  electors  at  the  annual  town 
meeting  shall  so  decide,  receive  a  compensation  of  two  dollars 
per  day  for  not  to  exceed  fifteen  days  in  any  one  school  year. 
The  officers  shall  present  a  statement  of  their  services  rendered 
at  the  annual  meeting  of  the  board.  Vacancies  in  either  of  such 
offices  may  be  filled  at  any  special  meeting  of  the  board,  the  no- 
tice for  which  shall  state  the  object  of  the  meeting  to  be  to  fill 
the  vacancy  existing;,  or  at  any  semi-annual  meeting;  and  the 
persons  elected  to  fill  any  vacancy  shall  hold  the  remainder  of 
the  unexpired  term. 

SECTION  2.  In  towns  under  the  township  system  of  school 
government,  the  electors  assembled  at  the  annual  town  meet- 
ing to  be  held  the  first  Tuesdav  of  April,  1901,  and  at  every 
annual  meeing  thereafter,  shall  by  ballot  or  viva  voce  vote 
elect  three  competent  persons,  tax  payers  in  the  town,  who 
shall  act  as  a  committee  of  audit  of  school  district  accounts. 
This  committee  shall  meet  with  the  secretary  of  the  town 
board  of  school  directors  of  said  town,  on  the  Saturday 
immediately  preceding  such  annual  town  meeting  at  such 
an  hour  and  plac.e  as  shall  be  previously  agreed  upon  be- 
tween such  committee  and  such  secretarv  of  the  town  board 
of  school  directors.  Said  secretary  shall  thereupon  place  in 
the  hands  of  said  committee  a  copy  of  his  report  made  to  the 
town  board  of  supervisors  under  section  534  of  the  statutes  of 
1898,  with  all  books,  accounts  and  vouchers  in  any  way  relating 
or  pertaining  to  the  management  and  conduct  of  the  school  af- 
fairs of  the  town.  Upon  receipt  of  said  reports,  books,  accounts 
and  vouchers,  the  committee  shall  immediately  proceed  to  make 
a  careful  examination  thereof  and  a  written  report  of  their 
findings  and  conclusions,  said  report  to  be  presented  and  read 
to  the  electors  assembled  at  the  annual  town  meeting,  immediate- 
Iv  after  the  presentation  by  the  town  board  of  supervisors  of 
the  report  made  to  them  by  the  secretary  of  the  town  board  of 
school  directors  and  before  any  action  is  taken  by  the  electors 
of  the  town,  as  provided  under  section  53£  of  the  statutes  of 


180  SCHOOL  LAWS   OP  WISCONSIN. 

1898.  The  report  of  this  committee  shall  be  signed  by  the 
members,  or  a  majority  thereof,  and  shall  be  entered  upon  the 
record  books  of  the  secretary  of  the  town  board  of  school  direct- 
ors, as  a  part  of  the  records  of  the  town. 

School  buildings,  sites,  etc.  SECTION  524  (as  amended  by 
Chap.  351,  Laws  of  1901).  The  board  may,  out  of  the  funds 
provided  by  the  town  for  that  purpose,  purchase  or  hire  sites, 
houses  and  rooms  for  the  use  of  the  schools,  fence  and  improve 
the  same,  and  upon  such  sites  build,  enlarge,  alter,  improve  and 
repair  school  houses,  outhouses  or  other  buildings  for  school 
purposes,  provide  suitable  water  supply  and  arrange  for  the 
transportation  of  any  or  all  pupils  who  live  in  said  town,  to  and 
from  any  school  or  schools  which  the  said  board  shall  have  estab- 
lished, maintained  and  designated  and  whenever  any  school 
house  or  site  is  no  longer  needed  for  school  purposes  may  sell 
and  convey  the  same,  'such  conveyance  to  be  executed  by  the 
president  and  secretary  of  the  board. 

Estimates  of  expenses.  SECTION  525.  Said  board  shall,  at 
the  regular  meeting  in  March,  annually  estimate  and  determine 
the  amount  of  money  which  will  be  necessarv  for  the  support 
of  schools  and  for  the  building  and  repairing  of  school  houses  in 
the  town  for  the  year  beginning  on  the  first  day  of  July  next 
following. 

Maintenance  and  government  of  schools.  SECTION  59ft  fas 
amended  by  Chap.  351,  Laws  of  1901).  Said  board  shall  estab- 
lish and  maintain  such  and  so  many  schools'  in  the  several  sub- 
districts  under  their  charge  as  they  may  deem  requisite  and  ex- 
pedient. There  shall  bo  at,  least  one  common  school  in  .each  sub- 
district,  provided  that  this  provision  may  be  suspended  for  anv 
sub-district  bv  the  state  ^superintendent,  whenever  the  town  board 
of  school  directors  shall  present  to  him  satisfactory  evidence 
that  they  have  made  proper  Drovision  for  the  transportation  of 
pupils  residing  in  anv  sub-district,  to  and  from  the  school  or 
schools  in  another  sub-district  or  sub-districts,  as  the  case  mav 
be.  The  board  shall  have  the  supervision  and  management  of 
all  the  schools,  with  full  power  to  ador>t,  enforce,  mod  if  v  and 
rer>eal,  from  time  to  time,  all  rules  and  regulations,  -not.  incon- 
sistent with  law  necessary  for  their  organization,  pradation  p-nd 
control,  and  for  the  instruction  given  therein,  and  to  establish 
and  enforce  proper  penalties  for  the  violation  of  such  rules  ancj 
regulations, 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT, 

Powers  of  boards.  SECTION  527.  All  powers  conferred  upon 
district  boards  by  the  provisions  of  this  chapter,  excepting 
those  the  exercise  of  which  would  conflict  with  the  provisions  of 
Jaw  relative  to  the  'township  system,  are  hereby  conferred  upon 
the  town  boards  of  directors  herein  provided  for. 

Executive  committee.  SECTION  528.  The  president,  vice- 
president  and  secretary  of  the  town  board  of  directors  shall  con- 
stitute an  executive  committee,  who  shall  execute  all  orders  of 
the  board;  and  for  this  purpose  all  power  and  authority  vested 
in  such  board  shall  be  deemed  vested  in  the  executive  commit- 
tee, and  any  duty  devolved  upon  said  board  shall  devolve  upon 
such  committee;  but  all  the  acts  of  the  latter  shall  be  subject  to 
review  by  the  board  at  any  regular  meeting  thereof. 

Employment  of  teachers.  SECTION  529.  The  executive  com- 
mittee shall  employ  so  many  qualified  teachers  as  they  shall 
deem  necessary  to  give  instruction  in  all  the  schools  under  the 
charge  of  the  board.  Each  contract  shall  be  in  writing;  shall 
be  signed  by  the  teacher  and  by  the  president  and  secretary; 
shall  specify  the  wages  per  week,  month  or  year  agreed  upon 
by  the  parties,  and  when  completed  shall  be  filed  in  the  office 
of  the  secretary  of  the  town  board  of  school  directors,  with. a 
copy  of  the  teacher's  certificate  attached  thereto. 

Secretary's  duties.  SECTION  530.  The  secretary  shall  record 
all  the  proceedings  of  the  board;  he  shall  keep  an  accurate  and 
specific  account  of  all  expenses  incurred  by  the  board,  including 
a  list  of  all  orders  drawn  by  him,  with  the  date,  amount,  per- 
son in  whose  favor  and  object  for  which  each  order  was  issued; 
he  shall  properly  file  all  papers  deposited  with  him  in  accord- 
ance with  law,  and  shall  keep  and  preserve  all  books,  papers  and 
records  belonging  to  his  office  and  deliver  the  same  to  his  suc- 
cessor. 

Map  and  change  of  sub-district.  SECTION  531.  He  shall 
make  and  keep  in  his  office  an  accurate  map  of  his  town  show- 
ing the  boundaries  of  all. sub-districts  and  joint  sub-districts  and 
the  location  of  all  school  houses  and  highways  therein.  When 
a  new  sub-district  is  formed  by  the  board  of  directors  or  one  is 
altered  he  shall,  within  ten  days  thereafter,  certify  to  the  clerk 
of  each  sub-district  affected  by  such  formation  or  alteration  a 
copy  in  writing  of  the  record  of  the  action  of  the  board  in  the 
matter. 


SCHOOL  LAWS   OF  WISCONSIN. 

Supervision  of  schools.  SECTION  532.  He  shall  have  the  im- 
mediate charge  and  supervision  of  all  schools  in.  the  'town,  and 
shall,  under  the  direction  of  the  board,  organize  and  grade  them 
and  assist  the  several  teachers  thereof  in  classifying  and  arrang- 
ing them.  'He  shall  visit  each  school  in  his  town  at  least  twice 
during  each  term  thereof;  shall  examine  into  its  condition  and 
progress;  consult  with  and  advise  the  teachers  in  regard  to  the 
methods  of  instruction  and  government,  and  shall  report  to  the 
board  from  time  to  time  such  improvements  as  his  experience 
shall  dictate  are  calculated  to  benefit  the  school. 

Orders  on  treasurer.  SECTION  533.  He  shall  draw  orders  on 
the  town  treasurer  for  money  in  the  hands  of  such  treasurer 
which  have  been  apportioned  to  the  town  and  for  money  col- 
lected or  received  by  him  from  other  sources  for  school  pur- 
poses for  the  payment  of  teachers'  wages,  the  purchase  of  school 
sites,  the  building,  buying,  hiring,  repairing  and  furnishing  of 
school  houses  and  for  all  other  lawful  purposes,  and  each  order 
shall  designate  the  object  for  which  and  the  fund  upon  which 
it  was  drawn  and  shall  be  countersigned  by  the  president. 

The  town  government  has  no  control  of  schools  established  under 
the  town  system.  Even  the  electors  of  the  town  have  no  control  ex- 
cept to  refuse  to  vote  the  estimates  presented  by  the  board.  The 
treasurer  holds  all  school  money  for  the  benefit  of  the  school  board, 
and  it  can  only  be  paid  out  on  its  order.  The  town,  having  no  author- 
ity as  such  to  provide  any  moneys  for  the  support  of  the  schools  under 
the  care  of  the  board  of  directors,  is  not  liable  upon  the  orders  issued 
by  that  board  when  there  are  no  funds  in  the  hands  of  its  treasurer 
to  pay  such  orders:  Miller  v.  Jacobs,  70  Wis.,  122. 

Secretary's  report.  SECTION  534.  It  shall  be  the  duty  of  the. 
secretary,  at  least  five  days  before  the  annual  town  meeting  or 
election  each  year,  to  make  to  the  board  of  supervisors  of  the 
town  a  written  statement  showing  the  receipts  of  monev  for 
school  purposes  from  all  sources,  and  the  disbursements  of  the 
same,  actual  and  estimated,  during  the  year  ending  on  the  last 
day  .of  June  next  following,  in  which  statements  shall  be  given 
under  separate  heads: 

1.  The  amount  in  the  treasury  at  the  beginning  of  die  year. 

2.  Amount  received  from  the  state  fund. 

3.  Amount  collected  by  town  treasurer. 

4.  Amount  received  from  all  other  sources. 

5.  The  manner  in  which  the  sums  have  been  expended,  speci- 
fying the  amount  paid  under  each  head  of  expenditure. 

6.  Amount  remaining  in  treasury. 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT.  183 

7.  Amount  of  indebtedness  of  the  township  district  and  when 
and  how  payable. 

The  secretary  shall  accompany  the  above  statement  with  esti- 
mates of  the  board  of  the  amount  necessary  for  the  support  of 
schools  during  the  year  beginning  on  the  first  day  of  July  next 
following,  specifying  the  sums  needed,  under  the  following 
heads": 

1.  Amount  of  teachers'  wages. 

2.  Amount  for  school  house  sites  and  for  building,  leasing 
or  purchasing  school  houses. 

3.  Amount  for  fuel. 

4.  Amount  for  incidental  expenses,  including  repairs,  furni- 
ture, maps,  globes,  charts,  and  for  all  needful  school  room  ap- 
purtenances. 

5.  An  amount  not  to  exceed  one  hundred  dollars  to  purchase 
library  books. 

Action  by  electors  on  estimates.  SECTION  535.  Each  town 
board  of  supervisors  shall  present  such  statements  and  estimates 
to  the  electors  of  the  town  at  the  annual  town  meeting,  and  the 
items  thereof  shall  be  passed  upon  separately  by  a  vote  of  the 
electors  present,  but  upon  motion  they  may  be  increased  or 
diminished;  and  if,  for  any  reason,  money  for  the  support  of 
schools  shall  not  be  voted  at  such  meeting,  or  a  sufficient  amount 
shall  not  then  be  voted,  the  supervisors  shall  present  the  es- 
timates before  mentioned  to  the  electors  at  the  general  election 
for  a  vote  thereon. 

School  registers.  SECTION  536.  The  secretary  shall  furnish 
school  registers  in  the  form  prescribed  by  the  state  superinten- 
dent, in  which  every  teacher  in  the  town  shall  be  required  to  en- 
ter the  names,  ages  and  studies  of  all  the  scholars  attending 
school,  and,  daily,  their  attendance  and  absence,  which  register 
shall  be  deposited  with  the  clerk  of  the  sub-district  at  the  end  of 
each  term  of  school. 

Report  to  superintendent.  SECTION  537.  It  shall  be  the  duty 
of  the  secretary,  on  or  before  the  first  day  of  August  in  each 
year,  to  make  and  transmit  to  the  county  superintendent  a  report 
in  writing  bearing  date  on  the  first  day  of  August  in  the  year  of 
its  transmission,  stating: 

1.  The  whole  number  of  sub-districts  separately  set  off  within 


184  SCHOOL   LAWS   OP  WISCONSIN. 

the  town,  and  the  number  of  parts  of  joint  sub-districts  in  which 
the  school  houses  belonging  thereto  are  located  in  his  town. 

2.  The  sub-districts  and  parts  of  sub-districts  from  which  re- 
ports shall  have  been  made  within  the  time  limited  for  that  pur- 
pose. 

3.  The  length  of  time  a  school  shall  have  been  taught  in  each 
of  said  sub -districts  or  parts  of  districts  by  a  qualified  teacher. 

4.  The  number  of  children  taught  in  each,  and  the  number 
of  children  over  the  age  of  four  and  under  the  age  of  twenty 
years  residing  in  each,  designating  males  and  females  separ- 
ately. 

5.  The  whole  amount  of  money  received  in  the  town  for 
school  purposes  since  the  date  of  the  last  preceding  report,  set- 
ting  forth    separately    the    amount    received    from    the    state 
through  the  county  treasurer,  the  amount  levied  by  the  county 
board  and  the  amount  raised  by  the  town  at  its  annual  town 
meeting  or  general  election. 

6.  The  manner  in  Avhich  said  money  has  been  expended,  and 
whether  any,  or  what    part,    remains    unexpended,  with  such 
other  information  as  the  state  superintendent  may  from,  time 
to  time  require. 

School  taxes.  SECTION  538.  The  town  clerk  shall  apportion 
all  sums  voted  for  the  support  of  schools  upon  the  taxable  prop- 
erty of  the  town  as  found  in  the  tax  roll  for  the  year  in  which 
said  money  is  voted,  and  the  sums  so  apportioned  shall,  in  all 
respects,  be  collected  or  returned  delinquent  like  other  taxes, 
and  when  collected  the  money  shall  be  held  by  the  treasurer  and 
be  by  him  paid  out  on  the  order  of  the  president  and  secretary 
of  said  board. 

Proceedings  if  electors  do  not  vote  enough.  SECTION  539.  If 
the  electors  of  a  town  shall  fail  to  vote  an  amount  of  money  suffi- 
cient to  maintain  a  school  in  each  sub-district  for  seven  months 
during  the  year  ensuing,  the  secretary  shall,  on  or  before  the 
third  Monday  of  November  of  the  year  in  which  the  electors 
shall  so  fail,  certify  to  the  town  clerk  the  amount  estimated  by 
the  board  of  directors  to  be  necessary  for  teachers'  wages,  fuel, 
repair  of  school  houses  and  incidental  expenses,  and  the  town 
clerk  shall  apportion  the  aggregate  sum  thus  certified  upon  all 
the  taxable  property  of  the  town  in  the  tax  roll  for  that  year  and 
the  town  treasurer  shall  collect  the  same  as  other  taxes. 


TOWNSHIP  SYSTEM  op  SCHOOL  GOVERNMENT. 

Town  treasurer's  duty.  SECTION  540.  The  town  treasurer  of 
each  town  shall  apply  for  and  receive  from  the  treasurer  of  his 
county  all  money  apportioned  for  common  schools  in  his  town, 
and  shall  keep  it,  together  with  all  money  collected  or  received 
by  him  for  school  purposes  in  a  fund  separate  and  distinct  from 
all  other  money  belonging  to  the  town,  and  shall  pay  out  the 
same  only  upon  the  order  of  the  president  and  secretary  of  the 
town  board  of  directors.  The  town  treasurer  shall  place  to  the 
credit  of  the  school  fund  all  money  levied  in  the  town  for  school 
purposes  before  placing  any  sum  to  the  credit  of  any  other  fund 
or  paying  any  town  order. 

Sub-district  meeting.  SECTION  541  (as  amended  by  chap.  416', 
laws  of  1901.)  The  annual  meeting  of  each  sub-district  shall 
be  held  on  the  first  Monday  in  June  unless  that  be  a  legal  holi- 
day, in  which  case  it  shall  be  held  on  the  next  day  at  seven 
o'clock  in  the  afternoon.  Such  meeting  shall  be  held  in  the 
school  house  in. the  sub-district  if  there  be  one;  and  if  there  be 
none,  at  such  place  as  the  last  annual  meeting  was  held,  unless 
such  meeting  shall  have  agreed  upon  another  place,  in  which 
case  it  shall  be  held  at  such  place. 

Powers  of  meeting.  SECTION  542.  The  inhabitants  qualified 
by  law  to  vote  at  a  sub-district  meeting,  when  assembled  in  an- 
nual meeting,  shall  have  power  and  it  shall  be  their  duty: 

1.  To  appoint  a  chairman  for  the  time  being. 

2.  To  appoint  a  secretary  if  the  clerk  shall  be  absent. 

3.  To  choose  a  clerk. 

4.  To  recommend  to  the  town  board  of  directors  the  number 
of  months  they  desire  to  have  school  maintained  in  their  sub- 
district  the  ensuing  year,  and  whether  they  desire  a  male  or  fe- 
male teacher;1  the  improvements  and  repairs  which  ought  to  be 
made  on  the  school  house,  outhouse  and  grounds;  what  maps 
and  charts  or  other  aids  in  teaching  should  be  furnished,  and 
generally  any  thing,  matter  or  plan  which  in  their  judgment 
will  advance  the  cause  of  education  and  benefit  the  school  of 
their  sub-district. 

Clerk's  duties.  SECTION  543.  The  clerk  shall  record  the  pro- 
ceedings of  all  sub-district  meetings;  shall  certify  to  the  town 
board  of  directors  any  recommendations  adopted  by  the  electors 
of  his  sub-district  in  accordance  with  the  provisions  of  the  pre- 
ceding section,  and  shall  have  charge  of  the  school  house  and  of 


186  SciiddL  LAWS  dF  WISCONSIN. 

all  property  therein  or  belonging  or  attached  thereto,  subject  to 
the  order  or  direction  of  the  board  of  school  directors. 

Clerk,  member  of  board,  his  report.  SECTION  544.  The  clerk 
of  the  sub-district  shall  be  a  member  of  the  town  board  of  school 
directors,  shall  attend  all  meetings  of  the  board,  and  shall  carry 
out  all  lawful  orders  of  the  same  having  reference  to  the  school 
house  of  his  district  or  the  school  maintained  therein.  It  shall 
be  the  duty  of  the  sub-district  clerk,  between  the  tenth  and  fif- 
teenth days  of  July  in  each  year,  to  make  and  transmit  to  the 
secretary  of  the  town  board  of  school  directors  a  written  report, 
dated  on  the  tenth  day  of  July  of  such  year,  signed  by  him  and 
verified  by  his  affidavit,  showing: 

1.  The  number  of  children,  male  and  female  designated  sep- 
arately, over  the  age  of  four  and  under  the  age  of  twenty  years, 
residing  in  the  district,  and  the  names  of  their  parents  or  other 
persons  with  whom  such  children  resided  respectively  on  the  last 
day  of  June  preceding.    t 

2.  The  whole  number  of  children,  males  and  females,  desig- 
nated separately,  between  the  ages  of  four  and  twenty  years, 
taught  in  the  district  school  during  the  year  for  which  such  re- 
port is  made  by  teachers  duly  qualified. 

3.  The  number  attending  school  during  the  year  under  the 
age  of  four  and  the  number  over  the  age  of  twenty  years. 

4.  The  whole  time,  in  days,   any  common  school  has  been 
taught  in  the  district,  including  holidays,  and  the  whole  number 
of  days,  including  holidays,  such  school  has  been  taught  by 
teachers  qualified  according  to  law. 

5.  The  names  of  all  teachers  employed  during  the  year,  the 
number  of  days  taught  by  each,  including  holidays,  and  the 
monthly  wages  paid  to  each,  and  the  time  allowed  any  teacher 
for  attendance  on  any  institute  for  which  no  wages  were  de- 
ducted. 

6.  The  kinds  of  books  used  in  the  school. 

7.  Such  other  facts  and  statistics  in  relation  to  the  schools, 
public  or  private,  in  such  district  as  the  state  superintendent 
may  from  time  to  time  require.     The  clerk  of  each  joint  sub- 
district  shall  report  to  the  secretary  of  the  town  board  of  school 
directors,  or  to  the  town  clerk  of  each  town,  as  the  case  may  re- 
quire, a  part  of  which  is  embraced  in  such  sub-district,  the  num- 
ber of  children  residing  in  such  part,  in  the  manner  set  forth 
in  this  section,  and  the  remainder  of  the  items  specified  in  this 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT.  ig? 

section  shall  be  embraced  in  the  report  made  to  the  town  in 
which  the  school  house  is  situated. 

! 

Notice  of  meeting.  SECTION  545.  The  sub-district  clerk 
shall  give  at  least  six  days'  notice  of  every  annual  meeting  of 
the  electors  of  his  sub-district  by  posting  notices  therefor  in  four 
or  more  public  places  in  the  sub-district,  one  of  which  notices 
shall  be  affixed  to  the  outer  door  of  the  school  house,  if  there  be 
one  in  the  sub-district,  and  he  shall  act  as  secretary  of  all  meet- 
ings when  present. 

Clerk,  appointment  of.  SECTION  546.  When  a  new  sub-dis- 
trict is  formed  or  a  vacancy  occurs  in  the  office  of  the  sub-dis- 
trict clerk  the  executive  committee  of  the  board  of  directors 
shall  appoint  a  clerk,  who  shall  hold  his  office  until  the  annual 
meeting  of  the  sub-district  next  succeeding  such  appointment. 

Joint  sub-districts.  SECTION  547..  When  a  sub-district  is 
composed  of  parts  of  two  or  more  towns  the  board  of  directors 
of  the  town  in  which  the  school  house  is  situated  shall  have  the 
entire  control  of  said  sub-district,  and  shall  maiii'tain  a  school 
therein  as  in  other  sub-districts;  and  the  clerk  of  such  joint  sub- 
district  shall  be  a  member  of  the  board  of  directors  of  said 
town,  without  regard  to  the  town  in  which  he  may  reside.  At 
the  annual  meeting  in  July  the  board  of  directors  shall  calcu- 
late and  determine  the  cost  of  maintaining  the  schools  in  said 
joint  sub-district  for  the  year  ending  on  'the  last  day  of  June 
preceding  the  meeting  of  the  board,  and  the  secretary  shall  cer- 
tify such  amount  to  the  secretary  of  the  board  of  each  town  em- 
braced in  part  in  such  joint  sub-district,  together  with,  the  as- 
sessed valuation  of  said  sub-distict  and  each  part  thereof  as 
found  in  the  assessment  roll  of  the  said  town  for  that  year ;  on 
the  receipt  of  such  certificate  the  secretary  of  the  board  of  di- 
rectors of  each  of  said  towns  shall  draw  an  order  on  the  treas- 
urer of  his  town  in  favor  of  the  towrn  in  which  the  school  house 
of  said  joint  sub-district  is  situated  for  such  a  proportion  of 
the  whole  cost  of  maintaining  said  school  as  aforesaid  as  the  as- 
sessed value  of  the  property  of  his  town  embraced  in  said  joint 
sub-district  is  to  the  whole  valuation  thereof,  unless  the  propor- 
tion of  such  school  district  taxes  to  be  assessed  in  each  such 
town  shall  have  been  ascertained  as  provided  in  section  471,  in 
which  case  he  shall  draw  his  order  for  such  proportion,  and  said 


188  SCHOOL  LAWS  OP  WISCONSIN. 

order  shall  be  paid  out  of  any  money  in  the  hands  of  said  treas- 
urer  collected  or  received  by  him  for  the  support  of  schools  in 
his  town. 

Joint  sub-districts  not  under  township  system.  SECTION  548. 
In  case  either  of  the  towns  embraced  in  part  in  said  joint  sub- 
district  shall  not  have  adopted  the  township  system  of  school 
government,  the  certificate  before  mentioned  shall  be  made  to 
the  clerk  of  said  sub-district,  and'  it  shall  be  his  duty  to  incor- 
porate the  proportional  sum  mentioned  in  the  preceding  section 
in  the  returns  of  district  taxes  made  by  him  to  the  town  clerk  of 
the  town  not  having  adopted  such  system  on  the  third  Monday 
of  November  succeeding  the  receipt  of  said  certificate;  and  the 
said  sum  shall  be  assessed  and  collected  with  the  other  taxes  of 
that  part  of  the  joint  sub-district,  and  shall  be  paid  over  by  the 
town  treasurer  collecting  the  same  to  the  treasurer  of  the  town 
in  which  the  school  house  of  said  joint  sub-district  is  situated. 

Collection  of  taxes  in  such  case.  SECTION  549.  When  the 
school  house  of  a  joint  sub-district  is  situated  in  a  town  which 
has  not  adopted  the  township  system  of  school  government,  the 
taxes  for  the  support  of  schools  shall  be  raised,  assessed  and  col- 
lected as  provided  in  this  chapter;  but  if  any  portion  of  said 
joint  sub-district  shall  be  embraced  in  a  township  which  has 
adopted  the  township  system,  then  the  proportion  of  any  dis- 
trict tax  which  should  be  assessed  upon  the  property  of  such 
part  of  said  sub-district  shall  be  certified  by  the  town  clerk  of 
the  towrn  in  which  the  school  house  of  said  sub-district  is  situ- 
ated to  the  secretary  of  the  town  board  of  directors  of  the  town 
comprising  the  part  of  the  said  joint  sub-district  before  men- 
tioned; and  said  secretary  shall  draw  an  order  upon  the  town 
treasurer  of  his  town  in  favor  of  the  treasurer  of  the  joint  sub- 
district  for  the  amount  of  tax  thus  certified,  and  the  said  town 
treasurer  shall  pay  the  same  out  of  any  money  held  or  received 
by  him  for  school  purposes. 

Apportionment  of  tax  for  buildings,  etc.  SECTION  550.  Prior 
to  the  erection  of  any  school  house  by  the  board  of  directors 
they  shall  estimate  and  determine  the  valuation  of  the  school 
houses  and  sites  in  their  'town  provided  by  the  several  districts 
while  under  the  district  system,  and  when  so  determined  the 
secretary  shall  place  upon  record  a  tabular  statement  containing 
the  number  of  each  sub-district,  the  value  of  its  school  house 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT.  189 

and  site  and  the  valuation  of  its  taxable  property  as  appears 
from  the  last  assessment  roll  of  the  town;  and  thereafter  for  a 
period  of  ten  years  from  the  date  of  the  meeting  at  which  such 
determination  of  values  was  had,  when  a  tax  shall  be  voted  to 
build  a  school  house  or  purchase  a  site,  such  tax  shall  be  so  dis- 
tributed and  assessed  upon  the  several  sub-districts  that  those 
haying  the  least  amount  invested  in  school  houses  and  sites  in 
proportion  to  the  .assessed  valuation  of  their  property  as  ap- 
pears from  the  record  made  at  the  time  of  the  determination  of 
values  aforesaid  shall  pay  most  toward  said  tax  in  proportion  to 
the  valution  of  the  property  at  the  time  the  tax  is  assessed,  in 
order  that  the  sums  paid  by  the  different  sub-districts  in  the 
town  for  the  purchase  of  sites  and  the  erection  of  school  house? 
shall  be  equalized;  but  if  the  board  of  directors  of  any  town 
shall  decide  that  taxes  for  the  purchase  of  sites  and  the  erection 
of  school  houses  shall  be  assessed  equally  upon  property,  then 
the  aforesaid  provision  in  reference  to  equalizing  such  taxes 
shall  not  be  operative  in  such  town. 

Application  to  cities  and  villages.  SECTION  551.  Whenever 
the  territory  of  a  school  district  of  an  incorporated  village  shall 
extend  beyond  the  limits  of  such  village  the  whole  of  such  ter- 
ritory shall  remain  in  such  district  and  form  a  part  thereof  un- 
til detached  by  authority  of  law;  and  such  district  and  every 
village  containing  a  graded  school  of  three  or  more  departments 
shall  be  exempt  from  the  provisions  of  this  chapter  relating  to 
the  township  system  except  as  hereinafter  provided.  "When- 
ever a  school  district  includes  within  its  limits  an  incorporated 
village  or  city  or  maintains  a  graded  school  of  three  or  more  de- 
partments, the  adoption  of  the  township  system  of  school  govern- 
ment by  anv  town,  city  or  village  whose  territory  includes  such 
school  district  shall  not  affect  the  boundaries,  organization  or 
management  of  such  school  district,  but  it  shall  be  exempt  from 
the  operation  of  such  township  system  and  be  and  remain  an 
independent  school  district  and  be  conducted  and  managed  in 
accordance  with  the  law  relating  to  independent  school  districts 
unless  said  school  district  shall,  by  a  majority  vote  of  the  elect- 
ors of  said  district,  at  an  annual  or  special  school  meeting  held 
previous  to  the  adoption  of  the  township  system  by  said  town 
decide  to  accept  the  township  system  of  school  government  when 
adopted  bv  the  town  of  which  said  district  is  a  part.  And  pro- 
vided furt}ier?  that  the  voters  of  any  such  district  thus  exempted 


190  SCHOOL  LAWS  OP  WISCONSIN. 

from  the  operation  of  the  township  system  shall  have  no  voice 
in  the  adoption  of  the  township  system  by  the  town. 

Adoption  of  system.  SECTION  552.  The  voters  of  any  town 
may,  at  any  annual  town  meeting  or  general  election,  vote  upon 
the  question  of  township  school  government.  Such  voting 
shall  be  by  ballot,  and  the  ballots  used  shall  have  written  or 
printed  thereon  the  words  "township  school  government,  yes;" 
or  the  words  "township  school  government,  no."  A  separate 
box  shall  be  provided  for  the  reception  of  said  ballots,  and  the 
votes  cast  shall  be  counted,  canvassed  and  a  record  thereof  made 
as  in  case  of  other  votes  cast  at  such  election ;  and  if  it  shall  ap- 
pear that  a  majority  of  the  ballots  cast  have  thereon  the  words 
"township  school  government,  yes,"  then  the  provisions  of  this 
chapter  providing  for  the  township  system  shall  immediately 
become  operative  in  such  town,  otherwise  they  shall  have  no 
force  or  effect  therein.  No  vote  shall  be  taken  on  such  question 
unless  notice  thereof  shall  be  given  as  hereinafter  provided. 
The  clerk  of  any  town  upon  the  request  in  writing  of  any  ten 
electors  thereof  asking  him  so  to  do,  shall  post  in  three  public 
places  in  said  town  a  notice  in  writing  that  the  question  of 
adopting  the  township  system  of  school  government  will  be  sub- 
mitted to  the  electors  thereof  at  the  ensuing  annual  town  meet- 
ing or  general  election.  Such  notice  shall  be  posted  at  least 
ten  days  before  the  holding  of  any  such  meeting  or  election; 
and  any  frown  having  adopted  such  system  may  abolish  the 
same  at  any  such  meeting  or  election  in  the  manner  provided 
for  its  adoption;  but  when  the  system  shall  be  adopted  it  shall 
continue  in  force  two  years  before  the  question  of  abolishing  it 
shall  be  acted  upon.  Whenever  the  electors  of  any  incorpor- 
ated village  having  a  graded  school  with  three  or  more  depart- 
ments shall  desire  to  adopt  the  township  system  of  schools  they 
may  vote  upon  the  question  at  any  charter  or  general  election; 
such  election  shall  be  -by  ballot  of  the  form  above  prescribed 
and  upon  like  notice,  and  if  a  majority  of  the  votes  cast  upon 
that  subject  shall  b~  In  favor  of  the  adoption  of  said  system 
such  village  shall  become  a  part  of  the  township  system  of  the 
town  in  which  the  same  is  situated.  Whenever  anv  town 
having  adopted  the  township  system  shall  vote  to  abolish  the 
same  the  town  board  of  supervisors  shall,  on  or  before  the  first 
day  of  June  next  succeeding  the  date  at  which  the  vote  was 
taken,  meet  and  by  an  order  made  in  pursuance  of  section  413 


TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT.  191 

divide  the  town  into  suitable  independent  school  districts, 
making  the  order  to  take  effect  on  the  first  day  of  July  next 
following.  The  sub-district  clerks  and  the  secretary  of  the 
town  board  of  directors  for  the  year  preceding  shall  make  the 
annual  reports  for  the  year  ending  on  that  day  as  .required  by 
law  notwithstanding  their  offices  shall  have  been  abolished. 

Irregularities  in  proceedings,  effect  on  taxes.  SECTION  552&. 
"Whenever  any  town  has  attempted  or  shall  attempt  to  adopt  the 
township  system  pursuant  to  section  552,  the  validity  of  any 
and  all  taxes  for  school  purposes  heretofore  or  hereafter  levied 
and  assessed  therein  shall  not  be  questioned  in  any  action  or 
proceeding,  so  far  as  the  regularity  of  the  proceeding  of  any 
such  town  in  the  adoption  of  such  system  is  concerned  unless 
the  plaintiff  shall  show  that  he  would  be  required  to  pay  more 
than  his  equitable  proportion  of  taxes;  and  any  and  all  school 
taxes  heretofore  levied  in  any  such  town  which  have  been  voted 
at  the  annual  town  meeting  are  hereby  declared  to  be  valid, 
even  though  the  provisions  of  section  535  shall  not  have  been 
complied  with. 

Payment  of  loans.  SECTION  553.  Whenever  any  school  dis- 
trict in  any  town  adopting  the  township  system  shall  be  indebt- 
ed at  the  time  of  such  adoption  upon  a  loan  from  the  state  or 
otherwise,  such  district  shall  remain  liable  for,  the  payment  of 
such  indebtedness,  and  no  alteration  of  the  boundaries  of  such 
district  as  a  sub-district  in  such  toAvn  shall  ever  be  made  until 
such  debt  is  fully  paid,  except  as  provided  in  section  263.  The 
clerk  of  such  sub-district  shall  annually  certify  to  the  town 
clerk  the  sum  necessary  to  be  raised  as  taxes  in  such  sub-district 
for  the  payment  of  such  indebtedness,  with  interest  thereon,  in 
the  same  manner  and  with  like  effect  as  the  clerk  of  such  dis- 
trict was  required  by  law  to  certify  the  same,  and  the  town 
clerk  shall  extend  the  amount  of  such  taxes  upon  the  tax  roll 
upon  the  taxable  property  of  such  sub-district  in  like  manner 
as  if  the  same  had  been  certified  by  the  clerk  of  such  district, 
and  the  same  shall  be  collected  by  the  town  treasurer  and  be  ap- 
plied by  him  exclusively  to  the  payment  of  such  debt, 


192  SCHOOL  LAWS  OP  WISCONSIN. 


XVI.-OF  THE  DISTRIBUTION  OF  THE  SCHOOL 
FUND  INCOME. 


(Chapter  28,  Wisconsin  Statutes.) 

Apportionment  of;  loss  of  right.  SECTION  554  (as  amended  by 
Chap.  115,  Laws  of  1899).  The  school  fund  income  which 
shall  have  been  received  up  to  and  including  the  first 
day  of  December,  including  the'  amount  to  accrue  from 
one-mill  state  tax  provided  for  by  section  1072 a  to  be  col- 
lected by  the  several  counties  of  the  state  before  the  first  Mon- 
day in  February  next  succeeding  the  date  of  such  apportion- 
ment, shall  be  apportioned  by  the  state  superintendent  between 
the  tenth  and  fifteenth  days  of  December  in  each  year.  Such 
apportionment  shall  be  made  among  the  several  counties,  towns, 
villages  and  cities  according  to  'the  number  of  children  in  each 
over  the  age  of  four  and  under  the  age  of  twenty  years  as  shown 
by  the  reports  made  to  the  state  superintendent  for  the  year 
preceding,  ending  June  30.  Whenever  any  town,  village  or 
city  shall  fail  in  any  year  to  raise  by  tax,  for  the  support  of  com- 
mon schools  therein,  a  sum  equal  to  the  amount  of  its  share  of 
such  school  fund  and  other  income  as  determined  by  the  county 
board  in  pursuance  of  section  1074,  the  amount  of  the  appor- 
tionment to  such  town,  village  or  city  for  that  year  shall  be 
Avithheld  from  the  next  succeeding  apportionment,  unless  the 
town  or  village  board  or  common  council  shall  have  transferred 
as  they  are  hereby  authorized  to  do,  from  the  general  fund  to 
the  school  fund  of  the  town  or  village  or  to  the  board  of  educa- 
tion of  the  city  for  such  purpose,  the  amount  of  deficit  in  such 
school  tax,  and  the  town,  village  or  city  clerk  shall  have  filed 
with  the  state  superintendent  his  certificate  showing  such 
transfer,  and,  in  the  case  of  the  town  clerk,  his  apportionment 
thereof  to  the  proper  school  districts  before  the  tenth  day  of 


DISTRIBUTION  OP  THE  SCHOOL  FUND  INCOME.  193 

December.  No  apportionment  shall  be  made  to  any  city,  vil- 
lage or  town  for  any  school  district  therein  for  any  year  during 
which  such  district  shall  not  have  maintained  a  common  school 
taught  by  a  qualified  teacher  for  seven  months,  unless  the  state 
superintendent  shall  be  satisfied  that  such  school  was  so  taught 
for  three  months,  and  the  failure  to  maintain  it  for  the  full 
seven  months  was  occasioned  by  some  extraordinary  cause 
and  not  arising  from  neglect  or  intent,  nor  to  any  town,  village 
or  city,  nor  for  any  school  district,  reports  of  which  as  required 
by  law  shall  not  have  been  made  and  •transmitted  during  the 
preceding  year  to  the  state  superintendent;  nor  to  any  city  for 
any  year  the  report  for  which  shall  not  show  that  the  number  of 
children  between  the  ages  aforesaid  residing  therein  has  been 
ascertained  by  an  actual  census  taken  under  the  direction  of 
the  board  of  education  or  other  body  having  the  government  of 
common  schools  therein,  by  their  clerks  or  persons  of  their  ap- 
pointment for  that  purpose;  provided,  that  provision  ty  a  school 
district  for  the  instruction  and  transportation  of  its  pupils  in 
accordance  with  subdivision  15  of  section  430  shall  entitle  the 
district  to  share  in  the  apportionment  as  though  such  district 
had  maintained  a  school. 

Certificate  and  notice.  SECTION  555.  The  state  superintend- 
ent shall  certify  the  apportionment  made  as  aforesaid  to  the  sec- 
retary of  state  and  shall  immediately  give  notice  thereof  to  each 
county  clerk  and  county  treasurer  stating  the  amount  appor- 
tioned to  his  county  and  to  each  town,  village  and  city  therein. 
Upon  receiving  such  apportionment  the  secretary  of  state  shall 
draw  his  warrant  upon  the  .state  treasurer,  payable  to  the  proper 
county  treasurer,  for  the  total  amount  apportioned  each  county, 
and  the  amount  of  such  warrant  shall  be  paid  to  the  county 
treasurer  entitled  to  receive  the  same  at  the  time  when  he  shall 
pay  over  to  the  state  treasurer  the  amount  due  the  state  on  ac- 
count of  state  taxes  as  required  by  law. 

Correction  of  apportionment.  SECTION  556.  Whenever  any 
officer  shall  omit  to  "make  within  the  time  fixed  any  statement 
or  report  required  to  be  made  to  the  state  superintendent  he 
shall  notify  such. officer  by  mail  or  otherwise  of  such  omission, 
but  the  failure  of  the  state  superintendent  so  to  do  shall  in  no 
manner  affect  the  consequences  of  such  omission.  If  at  any 
time  within  two  years  after  an  apportionment  in  which  any 
town,  village,  city  or  school  district  was  excluded  upon  any 
13  iiL 


194  SCHOOL  LAWS  OF  WISCONSIN. 

ground  mentioned  in  section  554  satisfactory  evidence  shall  be 
filed  with  the  state  superintendent  that  such  exclusion  was  due 
to  some  mistake  or  omission  of  some  officer,  and  that  such  town, 
village,  city  or  school  district  was  legally  entitled  to  have  shared 
in  such  apportionment,  the  state  superintendent  shall  certify 
such  facts  asd  the  amount  justly  apportionable  thereto  to  the 
secretary  of  state  and  notify  the  county  clerk  and  treasurer  of 
the  proper  county  'thereof.  The  secretary  of  state  shall  draw 
Ms  warrant  therefor,  and  the  money  shall  be  paid  from  the 
school  fund  income  for  the  use  of  such  town,  village,  city  or 
school  district  as  if  originally  apportioned. 

County  treasurer's  duty.  SECTION  557.  Each  county  treas- 
urer shall  apply  for  and  receive  the  school  money  due  to  his 
county  as  soon  as  apportioned  and  payable,  and  shall  imme- 
diately give  notice  in  writing  of  the  amount  apportioned  to  each 
town,  village  and  city  in  his  county  to  the  treasurer  and  clerk 
thereof  respectively,  and  shall  pay  the  same  to  each  such  treas- 
urer oil  demand,  who  shall  pay  the  same  to  the  proper  school 
treasurer  as  provided  by  law.  If  any  such  tpwn,  village  or  city 
treasurer  shall  not  demand  such  money  before  the  next  receipt 
of  school  money  apportioned  to  such  county,  the  county  treas- 
urer shall  add  such  sum  remaining  in  his  hands  to  the  money 
so  next  received  and  distribute  the  same  therewith  and  in  the 
same  proportion  among  the  several  towns,  villages  and  cities  en- 
titled thereto  in  such  county. 

Apportionment  among  districts.  SECTION  558  (as  amended  by 
Chap.  450,  Laws  of  1901).  The  town,  clerk  shall  apportion 
all  school  money  received  from  the  state  and  also  all  raised  by 
the  town,  among  the  several  districts  'and  parts  of  districts  with- 
in the  town,  in  proportion  to  the  number  of  persons  between 
the  ages  of  four  and  twenty  years  residing  in  each,  taking  such 
number  from  the  last  annual  report  of  their  respective  district 
clerks.  No  money  shall  be  apportioned  to  any  district  or  part 
of  a  district,  except  as  herein  provided,  and  as  provided  in  sec- 
tion 554  of  this  chapter,  by  the  discretion  *  of  the  state  super- 
intendent, unless  the  last  annual  report  of  such  district,  veri- 
fied by  the  affidavit  of  the  district  clerk,  shall  show  that  all 
school  money  received  from  the  state  by  such  district  has  been 
used  in  paying  a  legally  qualified  teacher,  and  that  a  common 
school  has  been  taught  in  such  district  by  such  teacher  for  at 
least  seven  months  during  the  year  ending  with  the  date  of  such 


DISTRIBUTION  OF  THE  SCHOOL  FUND  INCOME.  195 

report.  Provided  that  at  any  time  which  such  report  shall 
show  was  spent  by  the  teacher  or  teachers  of  said  district  in  at- 
tendance upon  an  institute  in  the  county,  and  was  allowed  by 
•the  district  board  without  deduction  from  such  teacher's  wages 
therefor,  shall  be  included  as  a  part  of  such  seven  months. 

Moneys  not  paid.  SECTION  559.  All  money  apportioned  by 
the  town  clerk  to  any  district  or  part  of  a  district  which  shall 
have  remained  in  tlie  hands  of  the  town,  treasurer  for  one  year 
after  such  apportionment,  by  reason  of  such  district  or  part  of 
district  neglecting  or  refusing  to  receive  the  same,  shall  be 
added  to  the  money  next  thereafter  to  be  apportioned  by  such 
town  clerk  to  the  several  districts  and  parts  of  districts  in  such 
town  and  apportioned  therewith. 

Month.  SECTION  560.  In  reckoning  school  months  twenty 
days,  as  specified  in  section  450,  shall  constitute  a  month,  and 
one  hundred  and  twenty  days  six,  [and  one  hundred  and  forty 
days,  seven  months.  See  section  554.]  At  least  seven  months, 
one  hundred  and  forty  days,  of  school  taught  by  a  legally  quali- 
fied teacher,  must  be  maintained  to  in  each  district  or  sub-dis- 
trict in  order  that  the  district  or  town  (in  cases  where  the 
schools  are  organized  under  the  township  system  of  school  gov- 
ernment) and  may  be  entitled  to  share  in  the  apportionment  of 
the  state  and  town  school  money. 

School  fund  tax ;  apportionment.  SECTION  1072&,  (as  amended 
by  Sec.  20,  Chap.  351,  Laws  of  1899.)  There  shall  be  levied 
and  collected  annually  a  state  tax  of  one  mill  for  each  dol- 
lar of  the  assessed  valuation  of  the  taxable  property  in  the 
state,  which  amount,  when  so  levied  and  collected,  is  appro- 
priated to  the  common  school  fund  income  and  shall  be 
disbursed  in  the  manner  and  under  the  conditions  and  restric- 
tions provided  for  the  disbursement  of  the  common  school  fund 
income.  The  state  superintendent  shall  apportion  the  school 
moneys  each  county  will  be  entitled  to  receive  under  the  pro- 
visions of  this  section  between  the  10th  and  15th  days  of  Decem- 
ber in  each  vear,  and  certify  the  apportionment  so  made  to  the 
secretary  of  state  and  state  treasurer,  and  he  shall,  at  the  same 
time,  certify  to  each  county  clerk  and  county  treasurer  the 
amount  of  said  tax  to  which  each  town,  city  and  village  in  their 
respective  counties  is  entitled.  Upon  receiving  such  appor- 
tionment the  secretary  of  state  shall  immediately  inform  the 


'  196  SCHOOL  LAWS  OP  WISCONSIN. 

county  clerk  and  the  county  treasurer  of  the  amount  of  state 
school  tax  such  county  will  be  required  to  levy  and  the  amount 
it  will  be  entitled  to  receive  in  return  as  its  portion  of  the  school 
fund  accruing  under  the  provisions  of  this  section.  At 
the  same  time  that  taxes  levied  for  other  state  purposes  are 
now  required  to  be  paid  into  the  state  treasury  each  county 
treasurer  shall  pay  over  to  the  state  treasurer  the  school  moneys 
arising  under  the  provisions  of  this  section  in  excess  of  the 
amount  such  county  is  entitled  to  receive  in  return  as  its  por- 
tion of  the  state  school  tax.  But  if  a  larger  amount  shall  be 
due  any  county  than  such  county  is  required  to  pay  the  state 
treasurer  shall  pay  to  the  treasurer  of  such  county,  at  the  time 
^of  the  payment  of  'the  state  tax  assessed  against  the  county, 
the  amount  due  the  county  in  excess  of  the  state  school  tax 
levied  upon  it.  The  treasurers  shall,  at  the  time  of  making  a 
settlement  between  the  state  and  any  county  on  account  of  any 
state  school  tax  levied  upon  the  county,  exchange  receipts  show- 
ing that  the  full  amount  assessed  against  the  county  as  a  state 
school  tax  has  been  accounted  for  to  the  state,  and,  in  turn, 
that  the  amount  due  the  county  on  account  of  a  state  school  tax 
has  been  accounted  for  to  the  county  by  the  state  treasurer; 
and  within  ten  days  from  such  settlement  the  several  county 
treasurers  shall  pay  over  to  the  several  town,  city  and  village 
treasurers  the  amount  to  which  they  are  respectively  entitled 
by  the  apportionment  made  by  the  state  superintendent.  It  is 
hereby  declared  to  be  the  true  intent  and  meaning  of  this  sec- 
tion to  provide  for  an  earlier  distribution  to  the  counties  of  the 
moneys  collected  as  a  state  school  tax  and  that  only  the  balance 
that -may  be  due  any  tounty  or  the  state,  as  the  case  may  be, 
shall  be  paid  in  money  at  the  time  of  settling  accounts  between 
the  county  and  the  state,  in  so  far  as  they  relate  to  the  state 
school  tax. 


OP  THE!  UNIVERSITY. 


XVII.-OF  THE  UNIVERSITY. 


(Chapter  25,  Wisconsin  Statutes.) 


Location  and  style  of.  SECTION  377.  There  is  established  in 
this  state  at  the  city  of  Madison  an  institution  of  learning  by 
the  name  and  style  of  "the  university  of  Wisconsin." 

Board  of  regents.  SECTION  378  (as  amended  by  Chap- 
ter 255,  Laws  of  1901).  The  government  of  the  university 
shall  vest  in  a  board  of  regents,  to  consist  of  one  member  from 
each  congressional  district  and  two  from  the  state  at  large,  at 
least  one  of  whom  shall  be  a  woman,  to  be  appointed  by  the 
governor;  the  state  superintendent  and  the  president  of  the  uni- 
versity shall  be  ex-officio  members  of  said  board;  said  president 
shall  be  a  member  of  all  the  standing  committees  of  the  board, 
but  shall  have  the  right  to  vote  only  in  case  of  a  tie.  The  term 
of  office  of  the  appointed  regents  shall  be  three  years  from  the 
first  Monday  in  February  in  the  year  in  which  they  are  ap- 
pointed unless  sooner  removed  by  the  governor;  but  appoint- 
ments to  fill  vacancies  before  the "  expiration  of  the  term  shall 
be  for  the  residue  of  the  term  only. 

Powers  of  board;  officers.  SECTION  379.  The  board  of  re- 
gents and  their  successors  in  office  shall  constitute  a  body  cor- 
porate by  the  name  of  "the  regents  of  the  university  of  Wiscon- 
sin," and  shall  possess  all  the  powers  necessary  or  convenient 
to  accomplish  the  objects  and  perform  the  duties  prescribed  by 
law,  and  shall  have  the  custody  of  the  books,  records,  build- 
ings and  other  property  of  said  university.  The  board  shall 
elect  a  president  and  a  secretary,  who  shall  perform  such  duties 
as  may  be  prescribed  by  the  by-laws  of  the  board.  The  secre- 


198  SCHOOL  LAWS  OF  WISCONSIN. 

tary  shall  keep  a  faithful  record  of  all  the  transactions  of  the 
board  and  of  the  executive  committee  thereof.  The  state  treas- 
urer shall  be  the  treasurer  of  the  board  and  perform  all  the 
duties  of  such  office  subject  to  such  regulations  as  the  board 
may  adopt  not  inconsistent  with  his  official  duties;  and  he  and 
his  sureties  shall  be  liable  on  his  official  bond  as  state  treasurer 
for  the  faithful  discharge  of  such  duties. 

Meetings,  quorum.  SECTION  380.  The  time  for  the  election 
of  the  president  and  secretary  of  said  board  and  the  duration 
of  their  respective  terms  of  office,  and  the  times  for  holding 
the  regular  annual  meeting  and  such  other  meetings  as  may 
be  required  and  the  manner  of  notifying  the  same,  shall  be  de- 
termined by  the  by-laws  of  the  board.  A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  may  adjourn  from  time  to  time. 

Duties  of  regents;  additional  powers.  SECTION  381.  The 
board  of  regents  shall  enact  laws  for  the  government  of  the 
university  in  all  its  branches;  elect  a  president  and  the  requi- 
site number  o»f  professors,  instructors,  officers  and  employees, 
and  fix  the  salaries  and  the  term  of  office  of  each,  and  deter- 
mine the  moral  and  educational  qualifications  of  applicants  for 
admission  to  the  various  courses  of  instruction;  but  no  instruc- 
tion, either  sectarian  in  religion  or  partisan  in  politics,  shall 
ever  be  allowed  in  any  department  of  the  university;  and  no 
sectarian  or  partisan  tests  shall  ever  be-  allowed  or  exercised  in 
the  appointment  of  regents  or  in  the  election  of  professors, 
teachers  or  other  officers  of  the  university,  or  in  the  admission 
of  students  thereto  or  for  any  purpose  whatever.  The  board 
of  regents  shall  have  power  to  remove  the  president  or  any 
professor,  instructor  or  officer  of  the  university  when,  in  their 
judgment,  the  interests  of  the  university  require  it.  The  board 
may  prescribe  rules  and  regulations  for  the  management  of  the 
libraries,  cabinet,  museum,  laboratories  and  all  other  property 
of  the  university  and  of  its  several  departments,  and  for  the  care 
and  preservation  thereof,  with  penalties  and  forfeitures  by  way 
of  damages  for  their  violation,  which'  may  be  sued  for  and  col- 
lected in  the  name  of  the  board  before  any  court  having  juris- 
diction of  such  action.  They  shall  employ  a  competent  pre- 
ceptress for  the  building  known  as  ladies'  hall  (which  shall  be 
used  for  and  by  the  female  students  attending  the  university 
and  not  otherwise),  who  shall  have  charge*  and  general  super- 


OF  THE  UNIVERSITY— REPORTS. 

vision  thereof  under  such  regulations  as  the  board  may  have 
made  or  shall  adopt,  at  a  salary  of  not  more  than  fifteen  hun- 
dred dollars  per  year,  provided  that  said  preceptress  shall  per- 
form such  other  duties  and  teach  such  classes  as  the  board  may 
from  time  to  time  require. 

Use  of  income — Addition  of  other  colleges.  SECTION  382. 
The  board  of  regents  are  authorized  to  expend  such  portion 
of  the  income  of  the  university  fund  as  they  may  deem  expe- 
dient for  the  erection  of  suitable  buildings  and  the  purchase  of 
apparatus,  a  library,  cabinets,  and  additions  thereto;  and  if  they 
deem  it  expedient  may  receive  in  connection  with  the  univer- 
sity any  college  in  this  state  upon  application  of  its  board  of 
trustees;  and  such  college  so  received  shall  become  a  branch  of 
the  university  and  be  subject  to  the  visitation  of  the  regents. 

Reports,  and  printing  thereof.  SECTION  383.,  At  the  close  of 
each  biennial  fiscal  term  the  regents  through*  their  president 
shall  make  a  report  in  detail  to  the  governor  and  the  legislature 
exhibiting  the  progress,  condition  and  wants  of  each  of  the  col- 
leges embraced  in  the  university,  the  course  of  study  in  each, 
the  number  of  instructors  and  students,  the  amount  of  receipts 
and  disbursements,  together  with  the  nature,  cost  and  results 
of  all  important  investigations  and  experiments  and  such  other 
information  as  they  may  deem  important,  one  copy  of  which 
shall  be  transmitted  free  by  the  secretary  of  state  to  all  colleges 
endowed  under  the  provisions  of  the  act  of  congress  entitled 
"An  act  donating  land  to  the  several  states  and  territories  which 
provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts,"  approved  July'2,  1862,  and  also  one  copy  to  the  secretary 
of  the  interior  as  provided  in  said  act.  The  board  shall  also 
report  to  the  governor  as  often  as  may  seem  desirable  the  im- 
portant results  of  investigations  conducted  by  the  director  of 
Washburn  observatory  and  by  other  investigators  connected 
with  the  university,  and  also  the  results  of  such  experiments 
therein  relating  to  agriculture  or  the  mechanic  arts  as  said  board 
may  deem  to  be  of  special  value  to  the  agricultural  and  me- 
chanical interests  of  the  state.  With  the  approval  of  the  gov- 
ernor such  number  of  copies  as  he  shall  direct,  and  of  the  Wash- 
burn  observatory  reports  not  more  than  seven  hundred  copies, 
may  be  printed  by  the  state  printer  in  separate  form  on  good 
paper  and  with  such  appropriate  quality  of  binding  as  the  com- 


2f)o  SCHOOL  LAWS  OF  WISCONSIN. 

missioners  of  public  printing  shall  order.  Eight  hundred  cop- 
ies of  each  of  said  reports,  when  so  directed  by  the  governor, 
except  those  of  the  Washburn  observatory,  shall  be  delivered 
to  the  legislature  and  the  remainder  be  used  in  exchange  for  the 
publications  of  other  institutions  and  for  such  other  public  pur- 
poses as  the  regents  may  order. 

Accounts,  how  made,  etc.  SECTION  383&.  No  claim  or  ac- 
count against  the  board  of  regents  of  the  university  shall  be 
paid  unless  it  state  the  nature  and  particulars  of  the  services 
rendered  or  materials  furnished  and  be  verified  by  the  affidavit 
of  the  claimant  or  his  agent  and  approved  by  an  indorsement 
in  writing  thereon  by  the  officer,  member  or  committee  of  said 
board  authorized  thereby  to  certify  claims  and  accounts  for  pay- 
ment. 

The  president.  SECTION  384.  The  president  of  the  univer- 
sity shall  be  president  of  the  several  faculties  and  the  executive 
head  of  the  instructional  force  in  all  its  departments;  as  such 
he  shall  have  authority,  subject  to  the  board  of  regents,  to  give 
general  direction  to  the  instruction  and  scientific  investigations 
of  the  several  colleges,  and  so  long  as  the  interests  of  the  insti- 
tution require  it  he  shall  be  charged  with  the  duties  of  one 
of  the  professorships.  The  immediate  government  of  the  sev- 
eral colleges  shall  be  intrusted  to  their  respective  faculties;  but 
the  regents  shall  have  the  power  to  regulate  the  courses  of  in- 
struction and  prescribe  the  books  or  works  to  be  used  in  the 
several  courses,  and  also  to  confer  such  degrees  and  grant  such 
diplomas  as  are  usual  in  universities  or  as  they  shall  deem  ap- 
propriate, and  to  confer  upon  the  faculty  by  by-laws  the  power 
to  suspend  or  expel  students  for  misconduct  or  other  cause  pre- 
scribed in  such  by-laws. 

Object  and  departments.  SECTION  385.  The  object  of  the 
university  of  Wisconsin  shall  be  to  provide  the  means  of  ac- 
quiring a  thorough  knowledge  of  the  various  branches  of  learn- 
ing connected  with  literary,  scientific,  industrial  and  profes- 
sional pursuits,  and  to  this  end  it  shall  consist  of  the  following 
colleges  or  departments,  to-wit: 

1.  The  college  of  letters  and  science. 

2.  The  college  of  mechanics  and  engineering. 

3.  The  college  of  agriculture. 

4.  The  college  of  law. 


OF  THE  UNIVERSITY— TUITION.  201 

5.  Such  other  colleges,  schools  or  departments  as  now  are  or 
may  from  time  to  time  be  added  thereto  or  connected  there- 
with. 

Departments,  what  embraced  in.  SECTION  386.  The  college 
of  letters  and  science  shall  embrace  liberal  courses  of  instruction 
in  language,  literature,  philosophy  and  science,  and  may  em- 
brace such  other  branches  as  the  regents  of  the  university  shall 
prescribe.  The  college  of  mechanics  and  engineering  shall  em- 
brace practical  and  theoretical  instruction  in  the  various 
branches  of  mechanical  and  engineering  science  and  art,  and 
may  embrace  such  additional  branches  as  the  regents  may  de- 
termine. The  college  of  agriculture  shall  embrace  instruction 
and  experimentation  in  the  science  of  agriculture  and  in  those 
sciences  which  are  tributary  thereto,  and  may  embrace  such  ad- 
ditional branches  as  the  board  of  regents  shall  determine.  The 
.  college  of  law  shall  consist  of  courses  of  instruction  in  the  prin- 
'  ciples  and  practices  of  law,  and  may  include  such  other  branches 
as  the  regents  may  determine. 

Open  to  both  sexes — 'Military  instruction — Diplomas  may  be 
countersigned.  SECTION  387.  The  university  shall  be  open  to 
female  as  well  as  to  male  students,  under  such  regulations  and 
restrictions  as  the  board  of  regents  may  deem  proper;  and  all 
able-bodied  male  students  in  whatever  college  therein  may  re 
ceive  instruction  and  discipline  in  military  tactics,  the  requisite 
arms  for  which  shall  be  furnished  by  the  state.  Any  person 
who  has  graduated  from  a  regular  collegiate  course  at  the  uni- 
versity, and  after  such  graduation  shall  furnish  evidence  to  the 
state  superintendent  of  good  moral  character  and  of  successful 
teaching  for  one  school  year  in  a  public  school  of  this  state, 
may  have  his  diploma  countersigned  by  said  superintendent, 
which  shall  then  have  the  force  and  effect  of  a  limited  state  cer- 
tificate, subject  to  the  exercise  of  the  power  vested  in  the  state 
superintendent  to  revoke  the  right  given  by  his  signature  to 
such  diploma. 

Tuition.  SECTION  388  (as  amended  by  Chapter  344,  Laws 
of  1901).  ~No  student  who  shall  have  been  a  resident  of  the 
state  for  one  year  next  preceding  his  admission  at  the  beginning 
of  any  academic  year  shall  be  required  to  pay  any  fees  for  tui- 
tion in  the  university  except  in  the  law  department  and  for 
extra  studies.  The  regents  may  prescribe  rates  of  tuition  for 


202  SCHOOL  LAWS   OF  WISCONSIN. 

any  pupil  in  the  law  department,  or  who  shall  not  have  been  a 
resident  as  aforesaid,  and  for  teaching  extra  studies.  Attend- 
ance at  the  university  shall  not  of  itself  be  sufficient  to  effect 
a  residence. 

Funds  for  support  of — Gifts,  bequests,  etc.  SECTION  389. 
For  the  support  and  endowment  of  the  university  there  is  an- 
nually and  permanently  appropriated: 

1.  The  university  fund  income  and  all  other  sums  of  money 
appropriated  by  law  to  such  fund. 

2.  The  agricultural  college  fund  income. 

3.  All  such  contributions  as  may  be  derived  from  public  or 
private  bounty. 

The  entire  income  of  all  said  funds  shall  be  placed  at  the 
disposal  of  the  board  of  regents  by  transfer  to  the  treasurer  of 
said  board,  thenceforth  to  be  independent  and  distinct  of  the  ac- 
counts of  the  state  and  for  the  support  of  the  aforesaid  colleges 
or  departments  of  arts,  of  letters  and  such  other  colleges  and 
departments  as  shall  be  established  in  or  connected  with  the 
university;  but  all  means  derived  from  other  public  or  private 
bounty  shall  be  exclusively  devoted  to  the  specific  objects  for 
which  they  shall  have  been  designed  by  the  grantor;  and  all 
gifts,  grants,  bequests  and  devises  for  the  benefit  or  advantage 
of  the  university  or  any  of  its  departments,  colleges,  schools, 
halls,  observatories  or  institutions,  or  to  provide  any  means  of 
instruction,  illustration  or  knowledge  in  connection  therewith, 
whether  made  to  trustees  or  otherwise,  shall  be  legal  and  valid 
and  shall  be  executed  and  enforced  according  to  the  provisions 
of  the  instrument  making  the  same,  including  all  provisions  and 
directions  in  any  such  instrument  for  accumulation  of  the  in- 
come of  any  fund  or  rents  and  profits  of  any  real  estate  with- 
out being  subject  to  the  limitations  and  restrictions  provided 
by  law  in  other  cases;  but  no  such  accumulation  shall  be  al- 
lowed to  produce  a  fund  more  than  twenty  times  as  great  as 
that  originally  given.  All  such  gifts,  grants,  devises  or  be- 
quests may  be  made  to  the  regents  of  the  university  or  to  the 
president  or  any  officer  thereof,  or  to  any  person  or  persons 
as  trustees,  or  may  be  charged  upon  any  executor,  trustee,  heir, 
devisee  or  legatee,  or  made  in  any  other  manner  indicating  an 
intention  to  create  a  trust,  and  may  be  made  as  well  for  the 
benefit  of  the  university  or  any  of  its  chairs,  faculty,  depart- 
ments, colleges,  schools,  halls,  observatories  or  -institutions  or  to 
provide  any  means  of  instruction,  illustration  or  knowledge  in 


6F  THE]  UNIVERSITY— TAX  FOR.  203 

connection  therewith,  or  for  the  benefit  of  any  class  of  students 
at  the  university  or  in  any  of  its  departments^  whether  by  way 
of  scholarship,  fellowship  or  otherwise,  or  whether  for  the  bene- 
fit of  students  in  any  course,  sub-course,  special  course,  post- 
graduate course,  summer  school  or  teachers'  course,  oratorical 
or  debating  course,  laboratory,  shop,  lectureship,  drill,  gymna- 
sium, or  any  other  like  division  or  department  of  study,  experi- 
ment, research,  observation,  travel  or  mental  or  physical  im- 
provement in  any  manner  connected  with  the  university,  or  to 
provide  for  the  voluntary  retirement  of  any  of  its  faculty.  And 
it  shall  not  be  necessary  in  case  of  any  such  gift,  grant,  devise 
or  bequest  to  exactly  or  particularly  describe  the  members  of 
the  class,  group  or  nationality  of  students  intended  to  be  the 
beneficiaries,  but  it  shall  be  sufficient  to  describe  the  class  or 
group;  and  in  case  of  any  such  gift,  grant,  devise  or  bequest 
the  regents  shall  divide  and  graduate  the  students  at  the  uni- 
versity into  such  classes  or  divisions  as  may  be  necessary  to 
select  and  determine  those  belonging  to  the  class  intended  by 
such  gift,  grant,  devise  or  bequest,  and  shall  determine  what 
particular  persons  are  within  or  intended  by  the  same.  It  shall 
be  sufficient  in  any  such  gift,  grant,  devise  or  bequest  to  de- 
scribe the  beneficiaries  as  belonging  to  a  certain  course,  sub-- 
course, department  or  division  of  the  university,  or  as  those  pur- 
suing certain  studies,  speaking  or  writing  a  certain  language 
or  languages,  belonging  to  any  nationality  or  nationalities,  or  to 
one  of  the  sexes  or  by  any  other  description,  and  in  such  case 
the  regents  shall  determine  the  persons  so  described  as  herein- 
before provided. 

Tax  for,  and  appropriation  of  part — Loans.  SECTION  390. 
(Statutes  of  1898,  as  amended  by  Chap.  322,  Laws  of  1901, 
amending  Ohap.  170,  Laws  of  1899.)  There  shall  be  levied  and 
collected  annually,  a  state  tax  amounting  to  the  sum  of  two  hun- 
dred and  eighty-nine  thousand  dollars,  which  amount  when  so 
levied  and  collected  is  annually  appropriated  to  the  university 
fund  income,  to  be  used  as  a  part  thereof  for  current  or  adminis- 
tration expenditures,  and  for  the  construction  in  the  order  of  the 
greatest  need  therefor,  of  such  allitional  buildings  and  works 
and  the  enlargement  and  repair  of  buildings  and  works  as  in  the 
judgment  of  the  regents  shall  be  absolutely  required,  and  can  be 
completed  within  the  appropriations  so  made;  provided,  that 
forty  thousand  dollars  of  the  said  annual  appropriation  shall  be 
applied  annually  to  the  uses  of  the  college  of  agriculture;  also 


204  SCHOOL  LAWS   OP  WISCONSIN. 

that  twenty-two  thousand  five  hundred  dollars  thereof  shall  be 
applied  annually  to  the  uses  of  the  college  of  mechanics  and  en- 
gineering ;  also  that  thirty-five  hundred  dollars  thereof  shall  be 
applied  annually  to  the  uses  of  the  new  school  of  commerce ;  also 
that  two  thousand  dollars  thereof  shall  be  applied  annually  to  the 
uses  of  the  summer  school  of  science,  literature,  'language  and 
pedagogy,  in  connection  with  the  university,  authorized  by  sec- 
tion 392a;  also  that  one  thousand  dollars  thereof  shall  annually 
be  applied  to  the  purchase  of  books  for  the  use  of  the  law  li- 
brary of  the  university ;  and,  also,  the  thirteen  thousand  dollars 
of  the  said  annual  appropriation  shall  annually  be  applied  and 
used  in  adding  facilities  for  and  establishing  and  maintaining 
courses  of  instruction  in  railway  and  electrical  engineering  in 
the  university.  The  commissioners  of  public  lands  may  direct 
the  state  treasurer  from  time  to  time  to  set  apart  by  way  of  loan, 
to  the  fund  known  as  the  university  fund  income,  for  university 
uses,  from  uninvested  moneys  in  the  trust  funds,  for  the  period 
while  so  uninvested,  such  amount  not  exceeding  at  any  time  the 
sum  of  seventy-five  thousand  dollars,  as  in  their  judgment  shall 
be  prudent,  such  loans  to  be  repaid  to  the  trust  funds  from  the 
appropriation  hereinbefore  made  to  the  university  fund  Income, 
with  interest  at  the  rate  then  required,  on  deposits  made  pur- 
suant to  sections  160a  to  160f  inclusive. 

SECTION  2.  There  is  hereby  appropriated  from  the  general 
fund  of  the  state  out  of  any  moneys,  not  otherwise  appropriated, 
to  the  university  fund  income  of  the  university  of  Wisconsin, 
for  the  construction,  furnishing  and  equipment  of  an  agricul- 
tural building,  the  sum  of  one  hundred  and  fifty  thousand  dol- 
lars, and  for  the  furnishing  and  equipment  of  the  new  building, 
machine  shops,  foundry  and  laboratories  of  the  college  of  en- 
gineering, the  sum  of  thirty  thousand  dollars ;  the  said  sums  to 
be  paid  as  soon  as  practicable  after  the  collection  of  taxes,  and 
said  moneys  to  be  expended  in  such  manner  and  at  such  times 
for  the  purposes  aforesaid  as  in  the  judgment  of  the  regents 
shall  seem  best ;  provided,  that  no  plan  or  plans  shall  be  adopted, 
and  no  contract  or  contracts  shall  be  entered  into  by  the  board  of 
regents  of  the  university  of  the  state  of  Wisconsin  for  the  con- 
struction of  any  building  or  other  structure  or  thing  specified  in 
this  act,  until  such  plans  and  contracts,  with  estimates  of  the 
total  cost  thereof,  shall  have  been  submitted  to,  and  in  writing 
approved  by  the  governor  of  the  state,  who  shall  withhold 
such  approval  until  he  shall  satisfy  himself  by  a  personal 
examination  of  the  same,  and  by  such  other  means  as  he  in 


OP   THE    UNIVERSITY— SUMMER   SCHOOL.  205 

his  discretion,  may  adopt,  that  any  such  building,  structure 
or  thing  can  and  will  be  erected  and  fully  completed  according 
to  such  plans  or  contracts  for  the  sum  of  money  not  exceeding 
the  amount  hereby  appropriated  for  such  particular  purpose. 

The  observatory.  SECTION  391.  The  sum  of  three  thousand 
dollars  shall  be  set  apart  annually  from  the  receipts  of  the  tax 
first  mentioned  in  the  preceding  section  for  the  maintenance  of 
the  astronomical  observatory  on  the  university  grounds,  to  be 
expended  by  the  regents  in  astronomical  work  and  instruction. 
And  a  like  sum  is  annually  appropriated  out  of  the  general  fund 
to  the  board  of  regents  for  the  purpose  of  enabling  said  board 
to  employ  and  maintain  a  director  of  the  Washburn  observatory. 

Regents'  expenses.  SECTION  392.  The  regents  shall  each  re- 
ceive the  actual  amount  of  his  expenses  in  traveling  to  and 
from  and  in  attendance  upon  all  meetings  of  the  board  or  in- 
curred in  the  performance  of  any  duty  in  pursuance  of  any  di- 
rection of  the  board ;  accounts  for  such  expenses,  duly  authenti- 
cated, shall  be  audited  by  the  board  and  be  paid  on  their  order 
by  the  treasurer  out  of  the  university  fund  income.  No  regent 
shall  receive  any  pay,  mileage  or  per  diem  except  as  above  pre- 
scribed. 

Summer  school.  SECTION  392a.  The  board  of  regents  may 
maintain  the  summer  school  of  science,  literature,  language  and 
pedagogy  heretofore  established  in  connection  with  the  univer- 
sity ;  provided,  that  all  teachers  employed  therein  shall  be  desig- 
nated by  the  state  superintendent  and  the  president  of  the  uni- 
versity. 


206  SCHOOL   LAWS    OP   WISCONSIN. 


XV1II.-STATE  NORMAL  SCHOOLS, 


(Chapter  26  of  Wisconsin  Statutes  of  1898.) 

Regents;  their  terms  and  vacancies.  SECTION  393  (as  amend- 
ed by  Chap.  166,  Laws  cf  1901,  amending  Chap.  7-1,  Laws  of 
1899,  as  amended  by  Chap.  260,  Laws  of  1899).  For  the  gov- 
ernment of  the  normal  schools  established  and  which  may 
hereafter  be  established,  and  for  the  performance  of 
the  duties  prescribed  to  them,  there  is  constituted  a 
board  of  eleven  regents,  called  "the  board  of  regents 
of  normal  schools/'  composed  of  the  state  superinten- 
dent, as  ex-officio  regent,  and  of  tan  appointed  regents,  at 
least  one  of  whom  shall  be  a  woman.  The  term  of  office  of  the 
appointed  regents  commencing  with  the  first  Monday  of  Febru- 
ary in  the  year  in  which  appointed,  shall  be  five  years  and  until 
the  appointment  «and  qualification  of  their  respective  successors; 
except  that  the  regents  first  appointed  under  this  act  shall  be 
divided  into  five  classes  of  two  each,  and  the  term  of  office  of 
said  classes  so  first  appointed  shall  be  respectively  one,  two, 
three,  four  and  five  years  and  until  their  successors  are  ap- 
pointed and  qualified,  and  their  successors  in  office  shall  con- 
tinue so  divided  into  five  classes  of  two  each,  so  that  the  term  of 
office  of  two  regents  shall  expire  each  year ;  and  not  more  than 
one  male  member  of  the  board  shall  reside  in  any  one  congres- 
sional district;  provided,  however,  that  where  two  normal 
schools  are  located  in  one  congressional  district  there  may  be 
two  regents  in  such  district.  The  governor  shall  fill  all  vacan- 
cies by  appointment,  and  in  case  of  a  vacancy  before  the  expira- 
tion of  a  term,  the  appointment  shall  be  for  the  residue  of  the 
term  only. 


NORMAL  SCHOOLS— OFFICERS  OF  BOARD.  207 

Powers  of  regents.     SECTION  394.     The  board  of  regents  and 
their  successors  in  office  are  constituted  a  body  corporate  by  the 
name  aforesaid;  and  may  purchase,  have,  hold,  control,  possess 
and  enjoy,  in  trust  for  the  state,  for  educational  purposes  solely, 
any  lands,  tenements,  hereditaments,  goods  and  chattels  of  any 
nature  which  may  be  necessary  and  required  for  the  purposes, 
objects  and  uses  of  the  state  normal  schools  authorized  by  law 
and  none  other,  with  full  power  to  sell  or  dispose  of  such  per- 
sonal property  or  any  part  thereof  when  in  their  judgment  it 
shall  be  for  the  interest  of  the  state ;  and  shall  possess  all  other 
powers  necessary  or  convenient  to  accomplish  the  objects  and 
perform  the  duties  prescribed  by  law.     The  board  of  regents 
shall  not  sell,  mortgage  or  dispose  of  in  any  way  any  real  estate, 
nor  borrow  money  without  the  express  authority  of  the  legisla- 
ture; nor  shall  the^r  contract  indebtedness  nor  incur  liabilities 
to  exceed,  at  any  time,  in  the  aggregate,  the  amount  of  money 
which,  under  the  provisions  of  law,  shall  then  be  at  their  disposal 
in  the  hands  of  the  state  treasurer ;  nor  shall  said  board  ever  re- 
duce the  amount  so  at  their  disposal  below  the  aggregate  amount 
of  their  indebtedness  or  liability  except  in  payment  of  such  in- 
debtedness or  liability.     The  proceeds  of  the  sale  of  any  real  or 
personal  estate  shall  be  paid  by  them  into  the  treasury,  and  shall 
become  a  part  of  the  income  of  the  normal  school  fund.     The 
entire  income  of  the  normal  school  fund  shall  be  placed  at  the 
disposal  of  the  board  of  regeif*s  of  the  normal  schools  by  transfer 
to  the  treasurer  of  said  board,  and 'shall  be  distinct  and  inde- 
pendent from  the  accounts  of  the  state,  and  be  applied  for  the 
support  of  normal  schools  as  provided  by  law. 

Officers  of  board.  SECTION  395.  The  officers  of  the  board 
shall  be  a  president,  vice-president  and  secretary;  they  shall 
severally  hold  their  offices  for  the  term  of  one  year  and  until 
their  successors  are  elected,  and  shall  perform  the  duties  inci- 
dent to  their  several  offices  and  such  as  are  prescribed  by  the 
board.  The  state  treasurer  shall  be  ex-officio  the  treasurer  of 
the  board,  but  the  board  may  appoint  suitable  persons  to  receive 
any  tuition  fees  or  other  moneys  that  may  be  due  from  any  stu- 
dent or  other  person,  to  disburse  any  part  thereof  and  pay  the 
balance  to  the  treasurer. 

Meetings;  quorum.  SECTION  396.  The  said  board  shall  hold 
an  annual  meeting  at  the  capitol  on  the  second  Wednesday  in 
July  in  each  year  or  at  such  time  as  they  may  designate.  Spe- 
cial meetings  may  be  called  by  the  governor  or  by  the  president 


208  SCHOOL  LAWS   OF  WISCONSIN. 

of  the  board  on  a  petition  signed  for  that  purpose  by  any  three 
regents.  A  majority  of  the  regents  shall  constitute  a  quorum 
for  the  transaction  of  business;  but  a  less  number  may  adjourn 
from  time  to  time/ 

* 
Removal  of  regents;  disqualification  of  officers,  etc.     SECTION 

397.  Any  regent  may  be  removed  from  office  for  cause  upon 
reasonable  notice  by  a  vote  of  two-thirds  of  all  the  regents.  No 
regent  or  officer,  trustee  or  person  appointed  or  employed  in  anv 
position  or  capacity  connected  with  normal  schools  or  normal  in- 
stitutes shall  at  any  time  act  as  agent  of  any  author  or  pub- 
lisher of  or  dealer  in  school  books,  maps  or  charts,  or  school  li- 
brary books,  or  school  furniture  or  apparatus,  or  become  in- 
terested directly  or  indirectly  in  the  publication,  manufacture 
or  sale  of  any  such  as  agent  or  otherwise,  except  solely  as  au- 
thor or  inventor,  and  for  a  violation  hereof  any  regent  shall  be 
expelled  from  the  board  by  a  majority  vote  of  the  regents ;  pro- 
vided, that  the  purchase  and  use  of  books  and  appliances  written 
or  invented  by  persons  connected  with  any  of  the  schools  shall 
not  be  deemed  to  be  prohibited. 

Compensation  of  regents.  SECTION  398.  No  member  of  the 
board  of  normal  regents  shall  receive  any  pay  for  traveling  to  or 
attendance  at  any  meeting  of  the  board,  but  for  any  specific 
service  rendered  under  the  direction  of  the  board,  other  than  at- 
tending the  meetings  thereof ,.  such  compensation  may  be  allowed 
any  member  as  the  board  shall  deem  just  and  reasonable ;  and 
such  compensation  and  all  moneys  actually  and  necessarily  ex- 
pended by  any  member  in  traveling,  attending  meetings,  or  per- 
forming any  other  duty  or  service  directed  to  be  performed, 
.shall  be  paid  out  of  the  normal  school  fund  income  in  the  state 
treasury  on  accounts  presented  to  and  adjusted  by  the  board  and 
certificate  signed  by  the  secretary  and  president  thereof. 

Other  normal  schools;  alteration,  etc.,  of  buildings.  SECTION 
399.  In  addition  to  those  heretofore  established,  the  said  board 
of  regents  may  establish  other  state  normal  schools  at  such  places 
as  they  may  designate,  upon  sites  selected  by  them ;  and  when, 
in  their  opinion,  the  educational  interests  of  the  state  require  it, 
they  may  proceed  to  erect  suitable  buildings  upon  the  sites  so  se- 
lected, and  they  may  enlarge,  alter  or  repair  any  normal  school 
buildings.  Whenever  any  such  site  shall  be  donated,  then  as 
soon  as  the  title  thereto  shall  be  vested  in  them  in  fee  in  trust 


NORMAL    SCHOOLS— DONATIONS— ACCOUNTS.  209 

as  aforesai'd,  and  when  money  is  donated,  then  as  soon  as  such 
money  is  paid  into  the  state  treasury,  subject  to  be  paid 
out  only  on  the  warrant  of  the  secretary  of  state,  as  pro- 
vided in  the  next  section,  or  secured  to  be  paid  by  the  de- 
posit with  the  state  treasurer  of  United  States  or  Wisconsin 
state  bonds  in  amount  equal  in  value  to  the  sums  of  money  so 
donated,  said  board  may  procure  suitable  plans  and  specifica- 
tions for  such  buildings,  alterations  or  repairs  thereof,  and  em- 
ploy persons  to  superintend  the  construction  of  the  same;  and 
they  may  advertise  for  proposals  to  erect,  repair  or  enlarge  any 
normal  school  building,  reserving  the  right  to  reject  any  and 
all  proposals  made  in  pursuance  of  such  advertisements ;  and  the 
expense  of  such  advertising  and  procuring  plans  and  specifi- 
cations shall  be  paid  from  the  normal  school  fund  income. 

Donations,  collection  and  application  of.  SECTION  400.  The 
said  board  shall  demand  and  receive  the  sums  of  money  donated 
and  subscribed  by  any  persons  to  aid  in  the  erection  of  the  neces- 
sary buildings  for  normal  schools  in  such  manner  as  said  board 
may  prescribe,  and  apply  the  same  in  the  erection  and  comple- 
tion of  said  buildings,  the  purchase  of  the  necessary  books,  ap- 
paratus, furniture  and  fixtures,  and  for,  various  other  inci- 
dental expenses  to  be  incurred  by  said  board  in  pursuance  of  the 
provisions  of  these  statutes,  and  if  any  surplus  shall  remain,  ap- 
ply the  same  to  the  expenses  of  conducting  said  normal  schools ; 
and  any  deficit  which  may  arise  in  the  erection  and  completion 
of  said  buildings  and  purchases  aforesaid  shall  be  paid  out  of  the 
normal  school  fund  income. 

Accounts,  how  made,  etc.  SECTION  401.  All  payments  for 
the  erection,  repairs  or  enlargement  of  any  normal  school  build- 
ing, or  for  fixtures  or  furniture  therefor, 'and  all  disbursements 
from  the  normal  school  fund  income,  including  the  expenses  of 
boards  of  visitors  of  normal  schools  and  of  teachers'  institutes, 
shall  be  made  by  the  treasurer  of  said  board  on  the  warrant  of  its 
secretary,  countersigned  by  its  president,  and  drawn  in  accord- 
ance with  the  directions  of  the  board,  after  being  audited  and  al- 
lowed pursuant  to  its  rules  and  regulations,  and  not  otherwise ; 
and  in  case  of  a  donation  no  such  warrant  shall  be  issued  for  any 
part  thereof  until  the  sums  donated  and  subscribed  shall  have 
been  paid  into  the  state  treasury,  nor  in  any  case  until  the  work 
shall  be  done,  the  services  rendered,  buildings  erected  or  fixtures 
or  furniture  purchased  under  the  direction  of  said  board  and 
14 


210  SCHOOL  LAWS   OP  WISCONSIN. 

pursuant  to  a  contract  made  with.  it.  All  claims  and  accounts, 
before  being  paid  by  or  under  the  authority  of  such  board,  shall 
be  verified  and  approved  in  the  same  manner  as  claims  against 
the  state  university  are  required  to  be  verified  and  approved. 

Objects  of  schools.  SECTION  402.  The  exclusive  purposes 
and  objects  of  each  normal  school  shall  be  the  instruction  and 
training  of  persons,  both  male  and  female,  in  the  theory  and  art 
of  teaching,  and  in  all  the  various  branches  that  pertain  to  a  good 
common  school  education,  and  in  all  subjects  needful  to  qualify 
for  teaching  in  the  public  schools ;  also  to  give  instruction  in  the 
fundamental  laws  of  the  United  States  and  of  this  state  in  what 
regards  the  rights  and  duties  of  citizens. 

Model  schools.  SECTION  403.  Said  board  shall  also  estab- 
lish a  model  school  or  schools  for  practice  in  connection  with 
each  state  normal  school,  and  shall  make  all  the  regulations 
necessary  to  govern  and  support  the  same ;  and  they  may  in  their 
discretion  admit  pupils  to  such  model  schools  free  of  charge  of 
tuition. 

Powers  of  board  as  to  schools.  SECTION  404.  The  said  board 
shall  have  the  government  and  control  of  all  the  normal  schools, 
and  shall  have  power  therefor : 

1.  To  make  rules,  regulations  and  by-laws  for  the  good  gov- 
ernment and  management  of  the  same  and  each  department 
thereof. 

2.  To  appoint  a  principal  and  assistants  and  such  other  teach- 
ers and  officers  and  to  employ  such  persons  as  may  be  required 
for  each  of  said  schools ;  to  fix  the  salary  of  each  person  so  ap- 
pointed or  employed  and  to  prescribe  their  several  duties. 

3.  To  remove  at  pleasure  any  principal,  assistant  or  other  of- 
ficer or  person  from  any  office  or  employment  in  connection  with 
any  such  school. 

4.  To  purchase  any  needful  and  proper  apparatus,  books  or 
articles  to  assist  in  instruction,  and  to  provide  for  all  necessary 
fuel  and  supplies  for  the  conduct  of  such  schools. 

5.  To  prescribe  the  courses  of  study  and  thu  various  books  to 
be  used  in  such  schools. 

6.  To  cause  notice  to  be  given  of  the  opening  of  such  schools 
and  the  several  terms  thereof. 

7.  To  prescribe  rules  and  regulations  for  the  admission  of 
students ;  but  every  applicant  for  admission  shall  undergo  an  ex- 
ajnination  to  be  prescribed  by  the  board,  and  shall  be  rejected  if 


NORMAL   SCHOOLS— DIPLOMAS— VISITORS.  211 

it  shall  appear  that  he  is  not  of  good  moral  character,  or  if  ap- 
plying as  a  free  pupil  will  not  make  an  apt  or  good  teacher. 

8.  To  require  any  applicant  for  admission,  other  than  such  as 
shall,  prior  to  admission,  sign  tjid  file  with  said  board  a  declara- 
tion of  intention  to  follow  the  business  of  teaching  common 
schools  in  this  state,  to  pay  or  to  secure  to  be  paid  such  fees  for 
tuition  as  the  board  may  deem  proper  and  reasonable. 

9.  To  cause  lectures  on  any  art,  science  or  branch  of  litera- 
ture to  be  delivered  in  any  such  schools  on  such  terms  and  con- 
ditions as  they  may  prescribe. 

10.  To  confer  by  by-laws  upon  the  principals  of 'the  several 
normal  schools  the  power  to  suspend  or  expel  pupils  for  miscon- 
duct or  other  cause  prescribed  in  such  by-laws. 

Diplomas  and  certificates.  SECTION  405.  Said  board  may 
grant  diplomas  in  testimony  of  scholarship  and  ability  to  teach, 
but  no  such  diploma  shall  be  granted  until  such  graduate  shall 
have  passed  a  thorough  and  satisfactory  examination  in  the 
course  of  study  prescribed  by  the  board.  When  any  such  gradu- 
ate has,  after  receiving  such  diploma,  taught  a  public  school  in 
this  state  one  year,  the  state  superintendent  may,  after  such  ex- 
amination as  to  moral  character,  learning  and  ability  to  teach  as 
to  him  may  seem  proper,  countersign  the  diploma  of  such 
teacher,  and  thereafter  such  countersigned  diploma  shall  be  evi- 
dence of  his  qualifications  to  teach  in  any  common  school,  and 
shall  have  the  force  and  effect  of  an  unlimited  state  certificate. 
The  said  board  mav  also,  on  such  conditions  as  they  may  deter- 
mine, grant  a  certificate  of  attendance  certifying  that  the  holder 
has  completed  the  elementary  course  in  a  normal  school  and  is 
qualified  to  teach  a  common  school ;  and  the  said  superintendent 
may,  upon  conditions  above  prescribed  respecting  diplomas, 
countersign  such  certificate,  and  thereafter  such  countersigned 
certificate  shall  be  evidence  of  his  qualification  to  teach  in  any 
common  school  of  the  state,  and  shall  have  the  full  force  and 
effect  of  a  limited  state  certificate. 

Board  of  visitors.  SECTION  406.  After  any  state  normal 
school  shall  have  commenced  its  first  term,  and  at  least  once  in 
each  year  thereafter,  it  shall  be  visited  by  three  suitable  per- 
sons, not  members  of  the  board,  but  to  be  appointed  by  the  state 
superintendent,  who  shall  examine  thoroughly  into  the  condi- 
tion, organization  and  management  of  the  school,  and  shall  re- 
port to  the  said  superintendent  their  views  in  regard  to  its  suc- 
cess and  usefulness  and  any  other  matters  they  may  judge  ex- 


212  SCHOOL   LAWS    OF   WISCONSIN. 

pedient.  Such  visitors  shall  be  appointed  annually,  and  their 
report  shall  bear  date  of  the  thirtieth  day  of  May  and  cover  the 
year  preceding  such  date. 

State  tax;  loans.  Section  406a,  (Statutes  of  1898  as  amended 
by  chapter  170  of  the  laws  of  189.9,  as  amended  by 
Chap.  370,  Laws  of  1901.)  For  the  purpose  of  conducting  and 
maintaining  the  normal  schools,  there  shall  be  levied  and  col- 
lected annually  a  state  tax  of  "two  hundred  and  fifteen  thousand 
dollars"  ($215,000)  which  amount  is  hereby  annually  appropri- 
ated to  the  normal  school  fund  income.  The  commissioners  of 
public  lands  may  loan  to  the  board  of  normal  school  regents,' 
such  part  of  the  normal  school  fund  as  they  deem  prudent,  not 
to  exceed  the  sum  of  sixty  thousand  dollars  ($60,000)  such  loan 
to  be  repaid  from  the  income  of  the  normal  schools  and  from  any 
appropriations  hereafter  made  for  their  support  and  mainte- 
nance as  follows,  to-wit:  the  sum  of  five  thousand  dollars  ($5,- 
000)  February  1,  1898,  five  thousand  dollars  ($5,000)  Febru- 
ary 1,  1899,  and  ten  thousand  dollars  ($10,000)  on  the  first  dav 
of  February  each  year  thereafter  until  said  loan  is  fully  paid 
and  discharged. 

TEACHERS'  INSTITUTES. 

How  held  and  conducted.  SECTION  407.  Institutes  for  the 
instruction  of  teachers  shall  be  held  in  each  year,  in  such  coun- 
ties as  mav  be  designated  by  the  state  superintendent,  with  the 
advice  and  concurrence  of  said  board,  preference -being  given 
to  such  counties  as  receive  the  least  direct  benefit  from  the  nor- 
mal schools.  The  state  superintendent,  by  and  with  the  advice 
and  consent  of  said  board,  may  make  such  rules  and  regulations 
as  they  shall  deem  proper  for  organizing  and  conducting  such 
institutes,  and  may,  by  and  with  the  like  advice  and  consent, 
employ  an  agent  or  agents  to  perform  such  work  in  connection 
therewith  as  by  such  rules  and  regulations  may  be  prescribed. 
Each  of  said  institutes  shall  be  held  under  the  direction  of  such 
agent  or  agents,  assisted  by  the  county  superintendent.  The 
course  of  study  pursued  in  such  institutes  shall,  as  far  as  practi- 
cable, be  unifornl,  and  be  prescribed  by  the  state  superintendent 
with  the  assistance  of  such  agents,  but  subject  to  revision  by  said 
board. 

Appropriation   for.     SECTION   408,    (Statutes   of     1898,     as 
amended  by  Chap.  170,  Laws  of  1899,  as  amended  by  Chap. 
Laws  of  1901).     For  the  purpose  mentioned  in  the  pre- 


NORMAL  SCHOOLS— INCOME— REPORT.  213 

X 

ceding  section,  said  board  may  use  such  sum  not  exceeding  four- 
teen thousand  dollars  in  a  year,  as  it  may  deem  necessary,  of 
which  not  exceeding  seven  thousand  dollars  shall  be  paid  from 
the  normal  school  fund  income  and  seven  thousand  dollars  from 
the  general  fund,  and  such  amounts  as  shall  be  so  expended  are 
hereby  annually  appropriated  from  the  said  funds  respectively. 
The  secretary  of  state  shall  annually,  upon  presentation  to  him 
of  the  certificates  of  the  president  and  secretary  of  the  board  of 
regents,  of  the  amount  expended  for  the  purpose  mentioned  in 
this  section,  draw  his  warrant  in  favor  of  the  treasurer  of  said 

board  for  seven  thousand  dollars. 

t 

Normal  school  fund  income.  SECTION  409.  The  normal  school 
fund  income  shall,  under  the  direction  and  management  of  the 
said  board,  be  applied  and  is  hereby  appropriated  to  the  estab- 
lishment and  support  of  the  state  normal  schools  and  the  pur- 
poses directed  in  this  chapter. 

Regent's  report.  SECTION  410.  The  president  of  said  board 
shall  make  to  the  governor  a  biennial  report,  bearing  date  the 
thirty-first  day  of  August  of  the  year  in  which  the  biennial  fiscal 
term  closes,  which  shall  contain  a  full  and  detailed  account  of 
the  doings  of  the  said  board  and  of  all  their  expenditures  and  of 
all  moneys  received  and  the  prospect,  progress  and  condition  of 
said  normal  schools  and  such  report,  together  with  the  reports  of 
the  different. boards  of  visitors,  shall  be  transmitted  to  the  legis- 
lature by  the  governor. 


SCHOOL  LAWS   OF  WISCONSIN. 


XIX -THE  STATE  SUPERINTENDENT. 


Term  and  oath.  SECTION  164.  The  term  of  office  of  the 
state  superintendent  shall  be  two  years.  He  shall,  within  twenty 
days  after  he  receives  notice  of  his  election,  and  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  constitutional 
oath  of  office,  which  oath  shall  be  filed  in  the  office  of  the  secre- 
tary of  state. 

Assistant  superintendent.  SECTION  165.  The  state  superin- 
tendent may  appoint  under  his  hand  an  assistant,  who  shall  take 
the  constitutional  oath  of  office,  which,  with  his  appointment, 
shall  be  filed  in  the  office  of  the  secretary  of  state.  Such  assist- 
ant shall  perform  such  duties  as  the  superintendent  shall  pre- 
scribe, not  inconsistent  with  law;  and  the  superintendent  shall 
be  responsible  for  all  acts  of  such  assistant. 

High  school  inspector.  SECTION  165&.  He  may  also  appoint, 
in  like  manner,  an  inspector  of  f  rdte  high  schools,  who  shall  assist 
him  in  visiting,  inspecting  and  supervising  such  schools  and  aid 
in  giving  information  and  assistance  in  the  organization  and 
maintenance  thereof  in  towns  where  there  are  no  graded  schools. 
When  he  is  not  engaged- in  the  performance  of  said  duties  said 
inspector  may  be  assigned  to  such  duties  in  the  office  of  the  state 
superintendent  as  the  latter  may  designate. 

Clerks,  etc.  SECTION  165&.  The  state  superintendent  may 
appoint  a  chief  clerk,  who  shall,  under  his  direction,  have  charge 
of  the  books  and  correspondence  of  the  office,  and  who  shall  ren- 
der such  other  assistance  as  the  superintendent  may  direct.  He 
may  also  appoint  a  library  clerk,  who  shall,  under  his  direction, 
aid  in  promoting  the  establishment,  maintenance  and  control  of 
school  libraries ;  an  index  and  filing  clerk  and  a  person  as  clerk 
and  stenographer.  All  such  appointments  shall  be  made  by  writ- 
ing filed  in  the  office  of  the  secretary  of  state. 


SUPERINTENDENT. 

Superintendent's  duties.  SECTION  166.  The  state  superin- 
tendent shall  have  a  general  supervision  over  the  common 
schools,  and  it  shall  be  his  duty : 

Inspection  of  schools.  1.  To  visit,  so  far  as  practicable,  every 
county  for  the  purpose  of  inspecting  the  schools,  awakening  an 
interest  favorable  to  the  cause  of  education,  and  diffusing  as 
widely  as  possible,  by  public  addresses  and  personal  communi- 
cation with  school  officers,  teachers  and  parents,  a  knowledge  of 
existing  defects,  and  of  desirable  improvements  in  the  govern- 
ment and  the  instruction  of  the  schools. 

School  books.  2.  To  recommend  the  introduction  of  the  most 
approved  text-books,  and  as  far  as  practicable  to  secure  a  uni- 
formity in  the  use  of  text-books,  prohibit  the  use  of  sectarian 
books  and  sectarian  instruction  in  the  schools ;  to  advise  in  the 
selection  of  books  for  school-district  libraries,  and  to  open  such 
correspondence  abroad  and  attend  such  educational  meetings  of 
a  national  character  as  he  may  deem  important  and  as  may  en- 
ble  him  to  obtain,  so  far  as  practicable,  information  relative  to 
the  system  of  common  schools  and  its  improvements  in  other 
states  and  countries,  which  he  shall  embody  in  his  biennial  re- 
port. 

School  libraries,  laws,  courses  of  study.  3.  To  prescribe  rules 
and  regulations  for  the  management  of  school  district  libraries, 
and  the  penalty  which  shall  be  imposed  by  district  boards  for 
any  violation  thereof;  to  prepare  for  the  use  of  school  officers 
suitable  forms  for  making  reports  and  conducting  all  neces- 
sary proceedings ;  to  cause  the  laws  relating  to  common 
schools,  with  the  rules,  regulations  and  forms  aforesaid  and  such 
instructions  as  he  shall  deem  necessary,  to  be  printed  in  pamph- 
let form,  with  a  suitable  index,  and  to  cause  such  pamphlets  to 
be  distributed  among  the  several  district  and  other  officers  hav- 
ing the  care  of  common  schools ;  to,  from  time  to  time,  by  printed 
circulars  and  bulletins  of  information,  communicktce  with 
teachers  and  school  officers  relating  to  matters  connected  with 
the  management  of  public  schools  and  the  administration  of  his 
office ;  to  prepare  and  publish  from  time  to  time,  as  occasion  may 
require,  courses  of  study  for  ungraded  and  for  high  schools, 
with  such  comments  and  instructions  appended  as  may  be 
deemed  necessary  for  distribution  to  school  officers,  teachers 
and  others  interested.  The  printing  herein  authorized  shall  be 
done  at  the  expense  of  the  state  by  the  state  printer. 


SCHOOL  LAWS  OP  WISCONSIN. 

Appeals.  4.  To  examine  and  determine  all  appeals,  which 
by  law  may  be  made  to  him,  according  to  the  laws  regulating  the 
same,  and  his  decisions  thereon  shall  be  final;  and  to  prescribe 
rules  of  practice  in  respect  thereto,  not  inconsistent  with  law. 

Educational  works.  5.  To  collect  in  his  office  such  school 
books,  apparatus,  maps,  and  charts  as  can  be  obtained  without 
expense  to  the  state ;  and  also  to  purchase  at  an  expense  not  ex- 
ceeding one  hundred  and  fifty  dollars  a  year,  to  be  paid  out  of 
the  state  treasury,  rare  and  valuable  works  on  education,  for  the 
benefit  of  teachers,  authors  and  others  who  may  wish  to  consult 
them. 

School  fund.  6.  To  apportion  and  distribute  the  school  fund 
income  as  provided  by  law. 

Copies  of  papers.  7.  To  make  copies  when  required  by  any 
person  so  to  do,  of  any  paper  deposited  or  filed  in  his  office,  and 
of  any  act  or  decision  made  by  him,  and  certify  the  same;  and 
he  may  demand  therefor  twelve  cents  per  folio. 

Biennial  report.  8.  To  prepare  in  each  even-numbered  year 
a  report  to  be  delivered  by  him  to  the  governor,  on  or  before  the 
tenth  day  of  December,  containing: 

First.  An  abstract  of  all  the  common  school  reports  received 
by  him  from  the  several  county  clerks  [county  superintendents]. 

Second.     A  statement  of  the  common  schools  in  this  state. 

Third.  Estimates  and  accounts  of  expenditures  of  the  school 
money. 

Fourth.  Plans  for  the  improvement  and  management  of  the 
common  school  fund,  and  for  the  better  organization  of  common 
schools. 

Fifth.  A  statement  of  his  official  visits,  and  of  his  travels  in 
making  the  same  during  the  past  two  years. 

Sixth.  All  such  other  matters  relating  to  his  office,  and  the 
common  schools,  as  he  shall  deem  expedient  to  communicate. 

County  superintendents'  conventions.  9.  (As  amended  by 
Chap.  59,  Laws  of  1899.)  To  hold  at  least  two  conventions 
annually  in  as  many  different  and  most  convenient  and  acces- 
sible points  in  the  state  for  the  purpose  of  consultation,  advice 
and  instruction  with  county  superintendents  in  regard  to  the 
supervision  and  management  of  the  public  schools. 

This  is  an  amendment  of  subdivision  9,  of  section  166,  of  the  Wis- 
consin statutes  of  1898.  While  the  number  of  conventions  annually 


THE   STATE   SUPERINTENDENT.  217 

held  by  the  state  superintendent  for  the  purpose  of  consulting  with 
the  county  superintendents  is  by  this  act  reduced  from  four  to  two, 
each  convention  will  remain  in  session  an  increased  number  of  days. 

Generally.  10.  To  perform  all  other  duties  imposed  upon 
him  by  law. 

Office.  SECTION  167.  The  state  superintendent  shall  have 
an  office  in  the  capitol,  where  shall  be  deposited  all  papers  and 
documents  appertaining  to  the  business  of  his  <^fice,  and  to  which 
place  communications  on  the  subject  of  common  schools  may  be 
addressed  to  him. 


218  SCttOOL  LAWS  OP 


XX.--CONST1TUTIONAL  PROVISIONS. 


(Article  10.) 

Superintendent  of  instruction,  how  chosen,  powers  and  compen- 
sation. SECTION  1.  The  supervision  of  public  instruction 
shall  be  vested  in  a  state  superintendent,  and  such  other  officers 
as  the  legislature  shall  direct.  The  state  superintendent  shall 
be  chosen  by  the  qualified  electors  of  the  state,  in  such  manner 
as  the  legislature  shall  provide ;  his  powers,  duties  and  compen- 
sation shall  be  prescribed  by  law.  Provided,  that  his  compen- 
sation shall  not  exceed  the  sum  of  twelve  hundred  dollars  an- 
nually. 

School  fund,  what  is;  interest  of,  how  applied.  SECTION  2. 
The  proceeds  of  all  lands  that  have  been  or  hereafter  may  be 
granted  by  the  United  States  to  this  state  for  educational  pur- 
poses (except  the  lands  heretofore  granted  for  the  purposes  of  a 
university),  and  all  moneys,  and  the  clear  proceeds  of  all  prop- 
erty that  may  accrue  to  the  state  by  forfeiture  or  escheat,  and 
all  moneys  which  may  be  paid  as  an  equivalent  for  exemption 
from  military  duty ;  and  the  clear  proceeds  of  all  fines  collected, 
in  the  several  counties,  for  any  breach  of  the  penal  laws,  and  all 
moneys  arising  from  any  grant  to  the  state  where  the  purposes 
of  such  grant  are  not  specified,  and  the  five  hundred  thousand 
acres  of  land,  to  which  the  state  is  entitled  by  the  provisions  of 
an  act  of  congress,  entitled,  "An  act  to  appropriate  the  proceeds 
of  the  sales  of  the  public  lands,  and  to  grant  pre-emption  rights," 
approved  the  fourth  day  of  September,  one  thousand  eight  hun- 
dred and  forty-one ;  and  also  the  five  per  centum  of  the  net  pro- 
ceeds of  the  public  lands  to  which  the  state  shall  become  entitled 
on  her  admission  into  the  Union  (if  congress  shall  consent  to 
such  appropriation  of  the  two  grants  last  mentioned)  shall  be 
set  apart  as  a  separate  fund,  to  be  called  the  "school  fund,"  the 
interest  of  which,  and  all  other  revenues  derived  from  the  school 


CONSTITUTIONAL  PROVISIONS.  219 


lands,  shall  be  exclusively  applied  to  the  following  objects,  to- 
wit: 

1.  To  the  support  and  maintenance  of  common  schools,  in 
each  school  district,  and  the  purchase  of  suitable  libraries  and 
apparatus  therefor. 

2.  The  residue  shall  be  appropriated  to  the  support  and  main- 
tenance of  academies  and  normal  schools,  and  suitable  libraries 
and  apparatus  therefor. 

District  schools;  tuition;  sectarian  instruction.  SECTION  3. 
The  legislature  shall  provide  by  law  for  the  establishment  of 
district  schools,  which  shall  be  as  nearly  uniform  as  practicable ; 
and  such  schools  shall  be  free  and  without  charge  for  tuition,  to 
all  children  between  the  ages  of  four  and  twenty  years ;  and  no 
sectarian  instruction  shall  be  allowed  therein. 

Annual  school  tax.  SECTION  4.  Each  town  and  city  shall  be 
required  to  raise,  by  tax,  annually,  for  the  support  of  common 
schools  therein,  a  sum  not  less  than  one-half  the  amount  received 
by  such  town  or  city  respectively  for  school  purposes  from  the 
income  of  the  school  fund. 

Income  of  school  fund,  how  distributed.  SECTION  5.  Pro- 
vision shall  be  made  by  law,  for  the  distribution  of  the  income 
of  the  school  fund  among  the  several  towns  and  cities  of  the 
state,  for  the  support  of  common  schools  therein^  in  some  just 
proportion  to  the  number  of  children  and  youth  resident  therein, 
between  the  ages  of  four  and  twenty  years,  and  no  appropriation 
shall  be  made  from  the  school  fund  to  any  city,  or  town,  for  the 
year  in  which  said  city  or  town  shall  fail  to  raise  such  tax ;  nor 
to  any  school-district  for  the  year  in  which  a  school  shall  not  be 
maintained  at  least  three  months. 


FORMS 

FOR  THE  USE  OF  SCHOOL  OFFICERS. 


No.  1. 

Form  of  order  organizing  a  new  school-district,  to  be  filed  with  the  town 

clerk. 

It  is  hereby  ordered  and  determined  that  [here  describe  the 
territory  to  be  comprised  in  the  district,  by  sections  and  parts 
of  sections]  shall  hereafter  constitute  a  school-district,  to  be 

known  as  school-district  No.  — ,  of  the  town  of . 

Given  under  our  hands,  this  -     -  day  of ,  19 — . 

(Signed)  A.  B.  ^  Supervisors 

C.  D.  C  of  the  town 
E.   F.  )  of _. 

NOTE. — For  form  of  order  organizing  joint  district,  see  No.  6. 


No.   2. 

Form  of  notice  for  the  first  meeting  of  a  school-district,  to  be  delivered  by 
the  town  supervisors  to  a  taxable  inhabitant  of  the  district. 

Having,  on  the day  of ,  19 — ,  formed  a  new   school- 
district,  to   be  known  as  school-district  No.  — ,  of    the    town  of 

,   [or  joint  school-district  N6. — ,  of  towns  of and , 

in  case  it  be  a  joint  district]  comprising  the  following  terri- 
tory: [Here  insert  the  description  of  the  district,  as  in  form 
No.  1],  you  are  hereby  directed  to  notify  every  qualified  voter 
of  said  district  to  attend  the  first  meeting  thereof,  which  is 

hereby  appointed  to  be   held  at   the  house   of  ,  in  said  dis- 

triqf-,  on  the  —    -  day  of ,  J  9— ,  at  —  o'clock  in  the -noon, 

by  reading  this  notice  in  the  hearing  of  each  such   voter,  or  in 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  221 

case  of  absence  from  his  place  of  residence,  by  leaving  thereat 
a  written  notice  of  the  time  and  place  of  such  meeting,  at  least 
five  clays  before  the  time  appointed  for  such  meeting,  and 
thereof  to  make  d*e  return. 

Dated  at ,  this  day  of  ,  19—. 

(Signed)  A.  B.  ~)  Supervisors 

C.   D.  C  of  the  town 
E.   F.  )  of . 

NOTE. —  If  it  is  a  joint  district,  the  notice  must  be  signed  by  the  super- 
visors of  each  town  in  which  any  part  of  the  district  lies. 


No.  3. 

Form  of  notice  for  first  meeting,  to  be  left  at  the  residence  of  a  voter  when 

absent. 

To  A.  A.: 

By  direction  of  the  supervisors  of  the  town  of ,  you  are 

hereby  notified    tha?    the  first    meeting  of    school-district   No. 

— ,  of ,  recently    formed,    will     be    held    at  the  house  of 

,     in  said    district,    on  the day  of  

19 — .  at o'clock  in  the noon.     Your  attendance  is- 

requested. 

(Signed)  G.  H., 

Person  appointed  to  give  notice. 


No.  4. 

Form  of  return  to  be  endorsed  upon  notice  received  from  town  supervisors, 
on  the  formation  of  a  school-district. 

I  hereby  certify  that  I  have  notified  the  following  named  per- 
sons [h^re  give  the  names  in  full],  personally,  and  the  following 
named  persons  [here  insert  nainesj  by  copy,  according  to  the  di- 
rections of  the  within  notice. 

Dated  this day  of  — — ,  19 — . 

(Signed)  G.  H., 

Person  appointed  to  give  notice. 


222  SCHOOL   LAWS    OF   WISCONSIN. 


No.  5. 

Form  of  notice  for  a  meeting  of  a  school-district  to  be  defiverfifl  by  fh$ 
town  supervisors,  to  a  taxable  inhabitant,  in  case  there  is  no  officer  to 
call  a  meeting. 

To  A.  B.,  a  taxable  inhabitant  of  school-district  No.  — ,  of : 

You  are  hereby    directed  to-  notify  every   qualified   voter  of 

school-district,     No.    — ,  of ,  to  attend  a  meeting    thereof, 

which  is  hereby  appointed  to  be  held  at  the  house  of , 

in  said   district   on   the day  of ,  19 — ,  at o'clock 

in  the  noon,  by  reading  this  notice   in  the  hearing  of  such 

voter,  or  in  case  of  absence  from  his  place  of  residence,  by  leav- 
ing thereat  a  written  notice  of  the  time  and  place  of  such  meet- 
ing, at  least  five  days  before  the  time  appointed  for  such  meet- 
ing. The  following  is  a  description  of  said  district:  [here  de- 
scribe the  district  as  in  form  No.  l.J 

(Signed)  A.   B.  ~\  Supervisors 

C.   D.  (-  of  the  town 
E.   F.  J  of . 

NOTE  —  If  it  is  a  joint  district,  tlie  notice  must  be  signed  by  the  super- 
visors of  each  town  in  which  any  part  of  the  district  lies. 


No.  6. 

Form  of  order  organizing  a  joint  school-district. 

It  is  hereby  ordered  and  determined  that  [here  describe  the 
territory  by  sections  and  parts  of  sections]  shall  hereafter  con- 
stitute a  school-district,  to  be  known  as  joint  school-district 

No.  ,  of  the  towns  of  [here  insert  the  names  of  all  the  towns 

in  which  any  portion  of  the  district  is  situated]. 

Given  under  our  hands,  this day  of ,  39 — . 

(Signed)  A.   B.  "\  Supervisors 

C.  D.  v  of  the  town 
E.  F.  )  of . 

G-.  H.  ~\  Supervisors 
I.  J.  V  of  the  town 
K.  L.  )  of . 

NOTE.  —  The  above  order  must  be  signed  by  at  least  two  supervisors  from 
each  town  affected  by  it?  and  a  copy  must  be  filed  with  the  town  clerk  of 
eaclj.  town. 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  223 


No.   7. 

Form  of  acceptance  of  office  by  district  officers  elected  at  the  first  meeting 
after  the  formation  of  a  district,  to  be  filed  with  the  clerk  of  the  meet- 
ing. 

I  hereby   signify   my    acceptance  of   the   office   of  ,  of 

school-district  No.  — ,  in  the  town  of  ,  to   which  I  have 

been  elected. 

Dated  this day  of  ,  19 — . 

,   (Signed)  G.  H. 


No.  8. 

Form  of  notice  to  be  given  to  the  district  clerk  when  alteration  of  the 
boundaries  of  a  district  is  contemplated. 

To  C.  D.,  Clerk  of  school-district  No.  — ,  of  town  of : 

You  will  take  notice  that  we  shall  be  present  at  [here  mention 

the  place],  on  the day  of ,  19—,  at  —  o'clock  in 

the noon,  to  hear  and  decide  upon   certain  proposed  altera- 
tions of  the  boundaries  of  said  school-district. 

Dated  this day  of  ,  19—. 

(Signed)  A.   B.  ")  Supervisors 

C.   D.  I  of  the  town 
E.   F.  j  of . 

NOTE. —  In  case  of  a  joint  district,  the  above  notice  must  be  signed  by  a 
majority  of  the  supervisors  of  each  town,  a  part  of  which  is  embraced  in 
the  district  or  districts  to  be  affected  by  the  proposed  alteration. 


No.  9. 

Form  of  order  for  altering  the  boundaries  of  a  school- district* 

It  is  hereby  ordered  and  determined  that  the  [here  describe 
the  territory    by  sections  and  parts  of  sections],  now    part    of 

<ohool- district  No.  ,  of  the  town  of ,  be  and  hereby  is 

kiUeu  from  said  school-district,  and  Attached  to  and  maxte  apart 


224  SCHOOL   LAWS   OF   WISCONSIN. 

of  school-district  No. ,  of  said  town  for  all  purposes  whatso- 
ever. 

This  order  will  take  effect  on  the day  of ,  19 — . 

Given  under  our  hands  the day  of  -        — ,19 — . 

(Signed)  A.  B.  \  Supervisors 

C.   D.  C  of  the  town 
E.   F.  )  of — . 

NOTE  1. — The  above  order  must  be  filed  with  the  town  clerk  and  the  dis- 
trict clerk;  and  in  case  of  a  joint  district  the  order  must  be  signed  by  a 
majority  of  the  supervisors  of  each  town,  a  part  of  which  is  embraced  in 
the  district  and  filed  with  the  town  clerk  of  each  town,  and  the  district 
.dork  of  each  district  affected  by  the  alteration. 

NOTK  2.  The  hoard  of  each  district  affected  by  the  alteration  may  en- 
dorse their  consent  on  the  order  as  follows: 

We  hereby  consent  to  the  alteration  made  in  school-district 
No.  — ,  of  the  town  of  -  — ,  agreeably  to  the  within  order  of 
the  town  supervisors  of  said  town. 

(Signed)  G.  H. ,  Director,  ~\  Of  said  school-district 
E.  F.,  Treasurer,  C  No.  — ,  of  the  town 
C.  D.,  Clerk,  )  of . 

NOTE. —  V/hen  such  consent  is  not  endorsed  upon  the  order,it  will  not 
take  effect  until  three  months  after  it-5  date,  and  no  order  can  be  made  to 
take  effect  between  December  1,  and  April  1  immediately  following. 


No.  10. 

Form  of  order  of  town  supervisors  awarding  proportion  of  value  of  property 

to  new  district. 

To  the  district  clerk   of   school-district  No.  — ,  of    the  town  of 


Having    formed    a  new  school-district,  No.  ,  of  the  town 

of  ,  in  part  [or  wholly]  from  the  territory  of  your  district, 

we  have  ascertained  and  determined  the  proportion  of  value  of 
the  schoolhouse  and  other  property,  justly  due  to  such  new 
school-district  from  your  district,  retaining  such  schoolhouse  and 

other  property  to    be dollars.      You   are  therefore  to  raise 

and  collect  by  tax,   upon  the  taxable  property  of  you*   district, 

the  said  sum  of dollars,  and    when  collected  pay  the  same 

to  the  treasurer  of  said   new  district. 

Given  under  our  hands  this day  of  ,  19 — . 

(Signed)  '    E.  F.  C  Supervisors 

C.  D.  l  of  the  town 
A.  B.  (of . 

NOTE.  —In  the  case  of  a  joint  district,  the  above  notice  must  be  signed  by 
a  majority  of  the  supervisory  of  each  town  embraced,  in  part,  in  the  dis- 
trict* 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  225 

No.    11. 

Form  of  notice  for  annual  district  meeting. 

Notice  is  hereby  given  to  the  qualified  electors  of  school-dis- 
trict No.  — ,  of  the  town  of  ,  that  the  annual  meeting  of 

said  district  for  the  election  of  officers  and  the  transaction  of 
other  business,  will  be  held  at ,  on  the  first  Monday,  be- 
ing the  — day  of  July,  at  7  o'clock  in  the  afternoon  [unless 

some  other  hour  was  determined  upon  by  the  district  at  the 
previous  annual  meeting]. 

Dated  this day  of ,  ly— . 

(Signed) 

C.  D., 
District  Clerk. 

NOTE. — The  above  notice  must  be  affixed  to  the  outer  door  of  the  school- 
house,  if  there  be  one  in  the  district,  and  must  be  posted  up  in  at  least 
three  other  public  pUces,  at  least  six  days  before  the  time  appointed  for 
the  meeting. 


No.   12. 

Form  of  notice  for  an  adjourned  district  meeting,  when  such  meeting  has 
been  adjourned  for  a  longer  period  than  one  month. 

Notice  is  hereby  given,  that  a  meeting  of  the   qualified   elec- 
tors   of    school-district    No. — ,  in  the  town    of ,  will  be 

held  at ,  in  said  district,  on  the  — day  of ,   19 — , 

at  —  o'clock  in noon,  pursuant  to  adjournment. 

Dated  this  —  day  of ,  19—.  C.  D., 

(Signed)  District  Clerk. 

NOTE  — The  foregoing  must  be  posted  the  same  as  for  the  annual  meet- 
ing. 


No.  13. 

Form  of  request  for  clerk  to  call  a  special  district  meeting. 

To  A.  B.,  clerk  of  school-district  No.  —  of  the  town  of : 

SIR — You   are  hereby  requested  to  call  a  special  meeting  of 
the  above  district  on  the  — —  day  of  — — ,   19 — ,    at   

15 


226  SCHOOL   LAWS   OF   WISCONSIN. 

o'clock  in  the  -         -  noon,  for  the  purpose  of   [here  state    the 
business  to  be  transacted]. 

(Signed)  A.  B 

C.  D 

E.  F. 

G.  H. 

I.  J. 

NOTE. —  The  above  notice  must  be  signed  by  at  least  five  legal  voters. 


No.   14. 

Form  of  notice  for  special  district  meeting. 

Notice  is  hereby  given  to  the  qualified  electors  of  school- 
district  No.  — ,  in  the  town  of ,  that  a  special  meeting  of 

said  district  will  be  held  at  ,    on   the   day  of   , 

19: — t  at _  o'clock  in  the  -  — noon,  for  the  following  objects: 

[Here  particularly  specify  each  item  of   business    to   be   acted 
upon.] 

(Signed)  C.   D., 

District  Clerk. 

NOTE. —  The  above  must  be  posted  as  for  an  annual  meeting,  and  in  case 
it  is  intended  to  raise  a  tax,  or  vote  a  loan,  three-fourths  of  the  legal  voters 
must  be  personally  notified  of  the  meeting,  or  a  copy  of  the  above  notice 
must  be  let  at  their  places  of  residence,  at  least  six  days  before  the  time 
appointed  for  the  meeting. 


Form  of  notice  for  special  school  meeting  for  the  purpose  of  authorizing 
the  district  board  to  borrow  money  from  the  trust  funds  of  the  state,  and 
to  vote  the  taxes  required  by  law  to  be  voted,  in  order  to  obtain  such  loan. 

Notice  is  hereby  given  to  the  qualified  voters  of school- 
district  No.  — ,  town  of ,  that  a  special  school  meeting  of 

said  district  will  be  held  at ,  in  said  district  on  the 

day  of ,  19 — ,  at  o'clock  P.  M.,  for  the  purpose  of  vot- 
ing on  the  following  propositions,  viz. : 

•1st.  To  authorize  the  school  board  to  make  application  for  a 

loan  of dollars  from  the  state  trust  funds,  payable  in 

years,  with  interest  at  the  rate  of per  cent,  per 

annum,  payable  annually  in  advance,  for  the  purpose  of  build- 
ing a  schoolhouse. 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  227 

2d.     To  raise  by  tax  a  sum  sufficient  to  pay  the  principal  and 
interest  of  such  loan  as  it  becomes  due. 

3d.     To  raise  by  tax  the  sum  of dollars,  to  be  collected 

in  the  tax  for  the  year to  aid  in  building  a  schoolhouse. 

(Signed)    "  , 

Dated .  District  Clerk. 


No.  15. 

Form  of  notice  to  be  given  by  the  clerk  of  a  school-district  meeting  to  the 
officers  fclect  who  were  not  present  at  the  meeting. 

To : 


You  are  hereby  notified  that   at  a  meeting  of  school-district 

No.  — ,  in  the  town  of ,  held  on  the day  of ,  19 — , 

you  were  duly  elected of  said  district. 

Dated  this day  of ,  19 — . 

(Signed)  C.  D., 

Clerk  of  said  meeting. 

NOTE. —  This  notice  is  required  to  be  given  within  five  days  after  the 
meeting,  and  only  to  those  persons  elected  to  office  who  were  not  present 
at  the  time. 


No.  16. 

Fom  of  refusal  to  accept  district  office,  to  be  filed  with  the  clerk  of  the 
•  district. 

To  the  clerk  of  school-district  No.  ,  in  the  town  of : 

You  are  hereby  notified   of  my  refusal  to  accept  the  office  of 

,  to  which  I  was   elected    at  the   meeting  of   said   district, 

held  on  the  day  of ,  19 — . 

(Signed)  J-.  H. 

NOTE. —  This  notice  of  refusal  must  be  filed  within  ten  days  after  the 
election,  or  the  person  will  be  deemed  to  have  accepted  the  office,  and  be 
liable  for  non-performance  of  duty. 


228  SCHOOL   LAWS    OF   WISCONSIN. 

No.  17. 
Form  of  an  appointment  to  fill  a  vacancy  in  the  district  boar.l. 

To  A.  B.  : 

The  office  of  [clerk,  director,  or   treasurer]    of   school-district 

No.  ,  of  the  town  of ,  having    become    vacant,    you  are 

hereby  appointed    to    fill    such    vacancy    until    the    next  annual 
meeting  in  said  district. 

Dated  this  day  of  ,  19—. 

(Signed)  G.   H.,   Director. 

E.    1*'.,   Treasurer. 
[Or  other  members  of  the  board  as  the  case  may  be.] 

NOTE. —  It  requires  two  members  of  the  board  to  make  aid  appo  n'nvnt. 
If  they  neglect  for  ten  days  to  fill  tl  e  vacancy,  it  must  be  (  one  by  the  town 
clerk,  after  the  following  form;  in  either  case  the  appointment  must  be 
filed  with  the  district  clerk. 


No.  18. 
Form,  when  the  town  clerk  appoints. 

To  A.  B.  i 

The  office  of    [clerk,  director  or  treasurer]  of    school-district 

No.  .   of  the  town  of ,  having  become   vacant,  and   the 

district  board  of  said  district  having  failed  to  fill  the  same 
within  ten  days  you  are  hereby  appointed  to  fill  such  vacancy 
until  the  next  annual  meeting  of  said  district. 

(Signed)  C.  D.,  Town  Clerk. 

NOTE. —  In  case  a  vacancy  in  a  joint  district  is  to  be  filled  by  the  town 
clerk,  the  appointment  is  to  be  made  by  the  clerk  of  the  town 'containing 
the  schoolhouse.  (See  sec.  433.) 


No.  19. 
Form  of  refusal  to  accept  a  district  office  by  appointment. 

To  the  district  board  of    school-district  No.  [or    the   town 

clerk  as  the  case  may  be],  of  the  town  of : 

You  are  hereby  notified  of  my  refusal  to  accept   the  office  of 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  229 

-  of  school-district  No.  ,  of  said  town,  to    which    I  v;as 

appointed  by  you  on  the  day  of  ,  ly — . 

Dated  this  day  of ,  19 — . 

(Signed)  G-.   H. 

NOTE.— The  notice  of  refusal  must  be  filed  with  the  clerk  or  director 
within  five  days  after  the  appointment,  or  the  person  shall  be  deemed  to 
have  accepted  the  office,  and  be  liable  to  a  fine  for  non -performance  of 
duty. 


No.  20  (DEED  or  LEASE). 

Form  of  deed  of  a  schoolhouse  site. 

Know   all  men  by  these  presents,  that  I,   A.  B.   [and  C.    B., 

his  wife,  if  married],  of  the  town  of ,  in  the  county  of , 

in  state  of  Wisconsin,  party  of  the  first  part,  for  and  in  consid- 
eration of  the  sum  of  dollars  to  them  in  hand  paid  by  the 

district  board  of  school-district  No. ,  of  the  town  of  -       — , 

county  of ,  and    state  aforesaid,    the    receipt  whereof 'is 

hereby  acknowledged,  do  hereby  grant,  bargain,  sell  and  con- 
vey to  the  said  school-district,  party  of  the  second,  part  and 
their  assigns,  the  following  described  piece  of  land,  namely: 
[Here  insert  description  of  land,]  together  with  all  the  privi- 
leges and  appurtenances  thereunto  belonging:  To  have  and  to 
hold  the  same  to  the  party  of  the  second  part  and  their  assigns 
forever;  and  the  said  party  of  the  first  part  for  themselves, 
their  heirs,  executors  and  administrators,  covenant,  bargain, 
and  agree,  to  and  with  the  said  party  of  the  second  part  and 
their  assigns,  that  at  the  time  of  the  sealing  and  delivery  of 
these  presents,  they  are  well  seized  of  the  premises  above  con- 
veyed, as  of  good,  sure,  perfect,  absolute,  and  indefeasible 
estate  of  an  inheritance  in  the  law  in  fee  simple  and  that  the 
said  lands  and  premises  are  free  from  all  incumbrances  whatso- 
ever, and  that  the  above  bargained  premises  in  the  quiet  and 
peaceable  possession  of  the  third  party  of  the  second  part  and 
their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming,  or  to  claim,  the  whole  or  any  part  thereof,  the  said 
party  of  the  first  part  will  forever  warrant  and  defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  B.,  his  wife,  party 
of  the  first  part,  have  hereunto  se't  their  hands  and  seals,  this 
day  of ,  A.  D,  Itf— .. 

Signed,  sealed  and  delivered^  A..  B.      [SEAL.] 

in  presence  of  E.  F.  I  C.    B.      [SEAL.] 

G.H.  j 

NOTE. —  Such  deed  should  be  duly  acknowledged  before  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  by  law  to  take  such  ac- 
knowledgment, and  recorded  in  the  office  of  the  register  of  deeds  for  the 
county. 


230  SCHOOL  LAWS   OF  WISCONSIN. 


FORM    OF    LEASE. 

Know  all  men  by  these  presents,  that  A.  B.,  of    the   town   of 

,  in  the  county  of ,  in  the   state    of   Wisconsin,    of   the 

first  part,  for  the  consideration  herein,  mentioned,    does    hereby 

lease  unto  "school-district  No.  — ,  of  the  town  of , "  county 

of ,  in  the  state    aforesaid,    party    of  the  second  part,  and 

their  assigns,  the  following  described  parcel  of  land:  [Here  in- 
sert description  of  lar.d.]  Together  with  all  the  privileges  and 
appurtenances  thereunto  belonging:  To  have  ana  to  hold  the 

same  for  and  during  the  term  of years,   from    the day 

of ,  A.  D.  19 — ;  and   the  said  party  of  the   second  part  for 

themselves  arid  their  assigns,  do  covenant  and  agree  to  pay  to 
said  party  of  the  first  part,  for  said  premises,  the  annual  rent 

of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their 

hands  and  seals,  this day  of ,   19—. 

A.   B.,  Lessor,   [SEAL.] 

C.   D.  ")  District  board  of  school- 

E.   F.  {-      district  No. ,  of  the 

G-.  H.  j      town  of . 


No.    21. 

Form  of  contract  between  district  and  teacher. 

It  is  hereby  agreed  between    school-district   No.  ,  of  the 

town  of ,  and  L.  M.,  R,  qualified  teacher  of    the   county    of 

,   [or    superintendent    district    No.  ,  of  the  county    of 

,  as  the  case  may  be],    that   the  said  L.  M.  is  to  teach  the 

common  school  of  said  district  for  the  term  of    [here    insert    the 

time,]  for  the  sum  of per  month,  commencing   on  the  

day  of ,  19 — ,  it  being  understood  and  mutually  agreed  that 

days  shall  constitute  a  month ;  and  for  such  services  prop- 
erly rendered,  the  said  district  is  to  pay  to  the  said  L.  M.,  the 
amount  that  may  be  due  according  to  this  contract,  on  or  be- 
fore the day  of ,  19«— . 

Dated  this  -    -  day  of  -   — ,   19—. 
(Signed) 

A.  B.  ;    Director. 

C.   D.,   Treasurer. 

E.   F.,   Clerk. 

L.   M.,  Teacher. 

If  the  teacher  holds  a  limited  certificate,  for  a  single  town  or  district,  the 

contract  may  read:  "a  qualified  teacher  of  said  town,"  or  "said  district." 

In  case  the  teacher  is  employed  in  a  graded  school,   the  particular  de 


FDRMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  231 

partment  for  which  he  is  engaged  may  be  specified,  and  the  contract  may 
rend:     "  —    -   dolJais  per  week,"  if  hired  by  the  week. 

By  section  453  printed  on  page  71  of  this  code,  it  will  be  seen  that  20 
days  constitute  a  teacher's  month,  unless  otherwise  specified  in  the  con- 
tract. Wn^n  the  teujher  is  hired  at  so  much  a  month  It  is  best  always  to 
specify  in  the  contract  how  many  days  of  teaching  shall  be  considered  a 
month. 

All, legal  holidays  count  as  school  days  for  both  teacher  and  district,  if 
they  come  on  a  day  when  school  would  otherwise  be  taught,  but  as  the 
law  now  provides  Saturdays  are  not  to  be  counted.  If  a  legal  holiday  oc- 
curs on  Sunday,  the  succeeding  Monday  is  a  legal  holiday. 

If  the  teacher  is  expected  to  build  the  fire,  or  cleanse  or  otherwise  care 
for  the  schoolhouse.  it  should  be  so  stated  in  the  contract.  If  not  spe- 
cially provided  for,  the  district  board  must  provide  for  janitor  service. 

If  the  teacher  expects  the  wages  to  be  paid  in  monthly  installments,  or 
in  partial  payments  of  any  kind,  that  should  be  clearly  stated  in  the  con- 
tract. 

The  contract  must  be  signed  by  at  least  two  members  of  the  board,  and 
cannot  lawfully  be  made,  until  a  meeting  of  the  board  has  been  held.  A 
copy  of  the  certificate  held  by  the  teacher  must  be  attached  to  the  contract. 
See  section  438. 


No.   22. 

Form  of  bond  of  district  treasurer  to  be  filed  with  the  district  clerk. 

Know  all  men  by  these  presents,  that  we,  E.  F.,  treasurer  of 

school-district  No.  — ,  of  the  town  of  ,  and  L.  M.,  his 

surety,  are  held  and  firmly  bound  unto  said  school-district  in 
the  sum  of  |here  insert  a  sum  of  double  tfce  amount  to  come 
into  the  treasurer's  hands,  as  near  as  can  be  ascertained]  to  be 
paid  to  the  said  school-district,  for  the  payment  of  which,  well 
and  truly  to  be  made,  we  birid,.ourselves,  our  hairs,  executors, 
and  administrators,  jointly  and  severally,  firmly  by  these 

presents.  Sealed  with  our  hands  and  dated  this day  of 

,  A.  D,  liJ— . 

The  condition  of  the  above  obligation  is  such  that  if  the  said 
F.  F.,  treasurer  as  aforesaid,  shall  faithfully  discharge  the  du- 
ties of  his  office  as  treasurer  of  said  "school-district,  and  shall 
well  and  truly  pay  over  to  the  person  or  persons  entitled 
thereto,  upon  the  proper  order  therefor,  all  sums  of  money 
which  shall  come  into  his  hands  as  treasurer  of  said  district, 
and  shall,  at  the  expiration  of  his  term  of  office,  pay  over  to 
his  successor  in  office  all  moneys  remaining  in  bis  hands  as 
treasurer  aforesaid,  and  shall  deliver  to  his  successor  all  books 


082  SCHOOL   LAWS    OF   WISCONSIN. 

and  papers  appertaining,  to  his  said  office,    then  this  obligation 
shall  be  void,"  otherwise  of  full  force  and  virtue. 

Signed,  sealed  and  delivered  in  )  E.    F.    [SEAL.] 

presence  of  R    S.       (-  L.   M.    [SEAL.] 

G.   II. 


Form  of  approval  to  be  endorsed  on  the  bond  of  treasurer. 

We  approve  of  the  within  bond  and  surety. 

(Signed)  G.   H.,  Director. 

C.   D.,   Clerk. 


No.   23. 

Form  of  notice  to  treasurer  to  furnish  additional  security. 
To  A.  B.,  treasurer  of  district-school  No.  : 


SIR. — Deeming  the  security  upon  your  bond  insufficient  to 
protect  the  district  against  loss,  we  hereby  require  you  to  fur- 
nish a  new  bond  in  the  sum  of  $ ,  with  sureties  to  be  ap- 
proved by  us,  within  ten  days  of -the  date  hereof. 

Dated  this  day  of 19—. 

(Signed)  C.  D.,  Director. 

E.  F.,  Clerk. 


No.  24. 
Form  of  order  on  treasurer  for  moneys  to  be  disbursed  by  school-district. 

To   A.     L».?     treasurer    of    school- district    No.    — ,    in  the  town 

of  : 

Please   pay   to  the  sum  of dollars    for     here 

specify  the  object  for  which  the  money  is  to  be  paid],  out  of  any 
money  in  your  hands,  not  appropriated,  belonging  to  the  [here 
name  the  fund  on  which  the  order  was  drawn],  of  said  dis- 
trict. 

Dated  this  -     -  day  of ,  19 — . 

(Signed)  C.  D.,  District  Clerk. 

G.  H.,  Director. 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS. 


233 


No.   25. 

Form  of  school  register  to  be  kept  by  the  teacher  of  each  school. 

The  register  furnished  by  the  district  should  be  one  arranged 
in  four  parts.  The  first  part  should  consist  of  blank  pages  for 
entering  the  daily  program  of  recitation  and  study.  The  fol- 
lowing is  a  model  page  of  this  part: 


DAILY  PROGRAMME  OF  RECITATION  AND  STUDY. 

For  term  from  to 190. . 

. .  Teacher. 


RECITATIONS. 

TEXT-BOOKS. 

STUDY  AND  WORK. 

Beginning. 

03 
t/3 

A 

0 

a 
S 
fe 

Branch. 

Book. 

Primary 
Form. 

Middle 
Form. 

Upper 
Form. 

Hr. 

Min. 

234 


SCHOOL  LAWS   OP  WISCONSIN. 


The  second  part  of  the  register  should  consist  of  blank  pages 
for  entering  the  school  number,  name,  age,  sex,  daily  attend- 
ance and  tardiness  of  every  pupil  who  attends  the  school,  with 
a  blank  column  at  the  right  of  the  page,  if  desired,  for  a  monthly 
summary,  and  one  for  "remarks."  Following  is  a  model  for 
this  section.  Usually  there  is  space  for  four  months  of  record 
upon  two  contiguous  pages. 


Teachers'  Daily  Register  for  the  term  commencing 
,190-. 


School  Months,  froin to . 


-,  and  ending 
-,  Teacher. 


|  Number.  I 

0 

a 

03 

b£ 

Si 

"5 
' 

Female.  |  * 

^ 
s 

r^> 
a 

0 

£ 

Tuesday. 

Wednesday.  | 

i 

\ 

>. 

>* 

re 
1 

>a 

O 

p 

Wednesday.  | 

Thursday. 

68 

ID 

MONTHLY 
SUMMARIES. 

REMARKS. 

a 

i 
1 
R 

Q 

-4-3 

a 

1 

03 

1 

! 

i 

EH 

• 

FORMS  FOR  THE  USE  OF  SCHOOL  OFFICER^. 


235 


The  third  part  of  the  register  should  consist  of  blank  pages 
for  showing  the  classification  of  the  school,  and  recording  the 
progress  aad  standing  of  each  pupil  in  the  several  branches  of 
study  pursued.  Following  is  a  model  page  of  this  section, 
which  can  be  repeated  for  each  class  in  the  school: 


FIRST  (OR  SECOND,  OR  THIRD)  CLASS  IN  GEOGRAPHY. 


Winter  (or  spring  or  fall)  Term,  beginning  ending 

Class  commenced Geography,-  and  advanced  to  page, 


Name. 

Entered. 

Left. 

Passed 
over 

bb 
c 

Pre- 
pared to 

Cfc\  r\T\ 

Remarks. 

6 

1 

pages. 

a 

gU  Uil 

from. 

1. 

John  Jones 

15 

Nov.  1 

March  5 

19-78 

100 

Page  78. 

Studious. 

2. 

Jane  Smith 

13 

Nov.  8 

March  8 

25-68 

68 

Page  68, 

Inclined     to 

be       frivo- 

lous. 

3. 

H.  Peters.. 

14 

Nov.  10 

March  5 

19-66 

100 

Page  66. 

Mother  sick. 

Made  up  all 

gone     over 

to  Nov.   10. 

Will    prob- 

ably   make 

up    during 

vacation  to 

page  78,  so 

as  to  go  on 

with  class. 

The  fourth  part  of  the  register  should  consist  of  a  pupil's 
record  for  the  school  year,  or  ledger,  which  will  be  statistics 
posted  from  the  daily  register,  and  upon  which  the  clerk  may 
depend  for  making  up  his  annual  report  for  the  town  clerk.  In 
this  record  a  pupil's  name  should  be  entered  but  once  in  any 
one  school  year.  In  all- the  series  of  records  each  pupil  should 
be  given  a  school  number,  which  he  should  carry  through  the 


SCHOOL  LAWS   OF  WISCONSIN. 


school  year,  whether  attending  school  much  or  little,  and  this 
number  should  be  assigned  to  no  other  pupil  during  that  year, 
Following  is  the  form  of  this  section  that  may  be  used: 


Pupils'  Record  for  the  School  Year  commencing  

ending ,  190—. 


-,  190—,  and 


No. 

NAME. 

d 
b£ 
< 

SEX. 

IST  MONTH. 

2ND  MONTH. 

REMARKS. 

6 
3 
3 

Female. 

Days  Present. 

Davs  Absent. 

* 

>% 

"2 
S 

8 

a 

H 

^ 
a 

1 

Days  Absent. 

k, 

T3 

1 

CD 

9 

i 
1 

NOTES. — In  filling  up  the  daily  register,  the  teacher  will,  of  course,  use 
her  own  preference  in  signs.  The  following  are  suggested:  To  indicate 
presence  in  the  morning  this  mark — ^;  to  indicate  presence  in  the  after- 
noon this  mark—  ^s  so  that  if  the  pupil  is  present  morning  and  after- 
noon this  sign  will  appear  against  the  name  for  that  day — X-  If  tardy  in 
the  morning  the  number  of  minutes  may  be  placed  in  the  upper  angle, 

thus— X;  if  tardy  in  the  afternoon,  indicate  in  the  same  way  thus  — ^. 

The  teacher  should  take  the  age  of  the  child,  when  taking  the  name,  and 
indicate  the  sex,  as  initial  letters  fail  to  give  the  necessary  information. 

The  teacher  should  carefully  add  the  columns  in  the  daily  register  at 
the  end  of  each  month,  which  need  to  be  transferred  to  the  ledger,  and 
enter  the  summary  therein  accurately  and  legibly. 

It  is  very  desirable  that  each  district  in  the  state  be  fully  and  accurately 
reported.  If  one  district  in  a  town  fails  to  report  fully,  the  whole  town 
suffers  from  this  failure,  in  comparison  with  other  towns  that  may  be  fully 
reported. 

That  the  register  be  neatly  kept,  it  will  be  best  for  the  teacher  to  use  a 
small  bhink  book,  in  which  may  be  registered  the  absences  for  the  day, 
and  then  at  night  the  register  may  be  properly  filled  and  footed. 

Forms  of  school  registers  are  now  published,  which  are  so  arranged  that 
all  the  foregoing  items  are  condensed  and  kept  in  a  single  book.  In  pro- 
curing registers  school  officers  should  consult  teachers  or  superintendent, 
and  purchase  only  such  as  are  best  adapted  to  simple  yet  complete  records. 


FORMS  FOR  THE  USE  OP  SCHOOL  OFFICERS.  237 


No.  26. 

Form  of  notice  to  town  treasurer  of  apportionment  of  school  moneys  by 

the  town  clerk. 

Treasurer  of  the  town  of : 

You  are  hereby  notified  that  I  have  apportioned  the  school 
moneys  now  in  your  hands,  to  the  different  districts  of  the  town, 
as  follows: 


To  district  No.  1     $ To  district  No.  6  $... 

do 2 do 7  ... 

do 3     To  joint  dist. .  .1  , 

do 4     do 2  

do 5 do 3  

of ,  19—. 


(Signed)  Town  Clerk. 


NOTE. —  Immediately  upon  the  receipt  of  the  certificate  of  the  town 
treasurer,  of  the  amount  in  his  hands  (See  form  No.  27),  the  clerk  shall 
proceed  to  apportion  it  among  the  several  districts  of  the  town  from  which 
reports  have  been  received  according  to  law,  and  thereupon  he  must  notify 
the  treasurer  as  above,  that  he  may  pay  the  moneys  to  the  treasurers  of 
the  districts  entitled  to  the  same. 


No.  27. 

Form  of  certificate  of  town  treasurer  of  moneys  in  his  hands  subject  to 

apportionment. 

To  the  town  clerk  of  the  town  of : 

I   hereby    certify    that  there   is    now  in  my  hands  the  sum  of 
-,  school  moneys,  subject  to   apportionment   to    the  .school 


districts  entitled  thereto. 

Dated  this day  of  -^— ,  19—. 

(Signed)  A.  B., 

Town  Treasurer. 


238 


SCHOOL  LAWS   OF   WISCONSIN. 


No.  28. 


Form  of  report  of  town  clerk  to  the  county  superintendent,  of  the  names 
and  post  office  addresses  of  the  district  clerks  in  his  town. 

To  the  county  superintendent  of  schools  of  the  county  of : 

SIR: — I  hereby  report  to  you  the  names  of  the  school-district 
clerks  in  the  town  of ,  and  their  addresses,  as  follows  :• 


District. 

Name  of  Clerk. 

Postoffice. 

No.  1. 

A.  B.. 

No.  2. 

C.  O  

No.  3. 

E.  F  

No.  4. 

G.  H  

No.  5. 

I.   K  

No.  6. 

L.  M  

Joint  I 

?o.  1  .  , 

N.  O  

2  

P.   R  

3  

S.  T  

(Signed) 


A.  W.,  Town  Clerk. 


NOTE. —  The  town  clerk  must  report  his  own  name  and  postoffice  to  the 
county  superintendent  within  ten  days  after  the  said  clerk's  election,  or 
appointment,  and  the  name  and  office  of  each  district  clerk  in  his  town, 
within  ten  days  after  the  filing  of  the  same  in  his  office. 


No.    29. 


Form  of  determination  of  relative  proportion  of  taxes  to  be  assessed  upon 
the  different  parts  of  a  joint  district,  situated  in  two  or  more  towns. 


Upon  the  application   of  A.  B.,  C.  D.,  and  E.  F. ,  tax- payers 

in  joint  school-district    No.   — ,  of   the  towns  of and  , 

we  have  made  the  necessary  inquiry  and  examination,  and  do 
hereby  determine  that  for  every  dollar  of  district  tax  to  be 
hereafter  levied  upon  that  portion  of  the  district,  the  sum  of 
cents  shall  be  assessed  upon  that  portion  of  the  district 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  239 

lying  in  the  town  of   ',  and  cents  upon  that  part  lying 

in  the  town  of . 

Dated  this  day  of ,  19 — . 

(Signed)  G.    H.,  (  Assessors 

J.     K.J         of 
L.    M.,  ( 

N.    O.,  C  Assessors 
P.    R,  J         of 
S.    T.,  (   

NOTE. —  If  as'sessors  cannot  agree,  and  the  supervisors,  or  supervisors 
and  chairman  c»f  an  adjoining  town  are  called  to  act,  they  will  also  sign  the 
above.  See  section  47 L. 


IN'O.  30. 

Form  of  statement  of  the  amount  of  taxes  voted  to  be  raised  in  a  school- 
district,  to  be  delivered  by  the  district  clerk  to  the  town  clerk. 

To  R.  S.,  towu  clerk  of  the  town  of . 

The  amount  of  taxes  voted  to  be  raised  in  school -district  No. 
— ,  of  the  town  of  —     — ,  at    the  last   annual  meeting   of   said 

district,    held    on    the    day   of    July,    19—,    is    [write    the 

amount  in  words]    dollars;   which   amount   you   are  requested  to 
assess  upon  the  taxable  property  therein. 

Dated  this  day  of ,  19- — . 

(Signed)  C.  D., 

Clerk  of   School   District   No.  — ,  of  the  towu  of . 


STATE  OF  WISCONSIN,  County  of ,  ss. 

C.  D.,  being  duly  sworn,    on    oath   says    that   he    is   clerk  of 

school -district  No.  — ,    of   the    town   of ,   and   the    above 

statement   by  him   made   of  the   amount   of   taxes  voted    to  be 
raised  by  said  school-district  therein  is  true. 

(Signed)  C.   D. 

Subscribed   and    sworn   to   before   me   this  day    of , 

19  — 

(Signed)  J.  P., 

Justice  of  the  Peace. 

NOTE. — If  a  district  has  been  lately  organized  and  a  tax  was  voted  at 
the  first  meeting,  as  well  as  at  the  annual  meeting,  that  should  be  stated; 
also  any  tax  voted  at  a  special  vmeeting,  held  between  the  time  of  ths  an- 
nual meeting  and  the  third  Monday  of  November  following, 


240  SCHOOL  LAWS   OF  WISCONSIN. 


No.  31. 

Form  of  statement  of  the  amount  of  taxes  voted  to  be  raised  in  a  joint  dis- 
trict, to  be  delivered  to  the  clerk  of  cuch  town  in  which  any  part  of 
the  district  is  situated. 

To  R.  S. ,  town  clerk  of  the  town  of : 

The  amount  of  taxes  voted  to  be  raised  in  joint  school-district 
No.  — ,  of  the  towns  of and  ,  at  the  last  annual  meet- 
ing of  said  district,  held  on  the day  of  July,  19 — ,  is 

[write  the  amount  in  words]  dollars;  and  the  proportion  of  that 
amount  to  be  raised   in    that  part  of  said  district  which   lies   in 

the  town  of ,  is  [write  the  amount  in  words]  dollars,  which 

you  are  requested  to  assess  upon  the  taxable  property  therein. 
(Signed)  C.  D., 

Clerk  of  Joint  School-district  No.  — 
Of  the  towns  of  and . 


NOTE. —  Attach  affidavit  of  the  district  clerk  similar  to  the  one  given  in 
form  No.  30. 


No.   32. 

Form  of  application  to  board  of  supervisors  to  establish  a  schoolhouse  site. 

To  the  board  of  supervisors  of  the  town  of  -  — : 

At  a  regular  meeting  of  school- district  No. — ,  it  was  decided 
by  a  vote  of  a  majority  of  the  electors  present,  to  apply  to  your 
honorable  board  to  establish  a  schoolhouse  site  for  said  district. 
The  district  has  selected  [here  describe  the  location  of  the  site 
selected],  but  is  unable  to  obtain  the  same,  for  the  reason 
that  the  owner  of  the  land  selected  will  neither  lease  nor  sell 
the  same  to  the  said  district  [or  that  the  owner  is  a  non-resi- 
(lent]. 

(Signed)  A.  B., 

District  Clerk. 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  241 


No.  33. 

Form  of  certificate  of  district  clerk  that  the  notice  for  the  meeting  of  the 
supervisors  to  establish  a  schoolhouse  site  has  been  given. 

To  the  board  of  supervisors  of  the  town  of : 

I  hereby  certify  that  on    the day  of ,    I   served  the 

following  notice  upon  the  owner  and  occupant  of  the  land  therein 
described:      [Here  insert  the  notice  in  form  34.] 

Dated  this  -     -  day  of  ,  19—. 

(Signed)  A.   B., 

District  Clerk. 


NOTE. —  In  case  there  is  no  account  of  the  land  selected  for  a  site,  and 
the  owner  is  unknown  or  resides  out  of  the  state,  the  notice  must  be  pub- 
lished in  the  nearest  newspaper,  for  six  weeks  previous  to  the  meeting  of 
the  board  of  supervisors,  and  the  above  certificate  must  state  the  facts  of 
such  publication,  instead  of  personal  service. 


No.  34. 

Form  of  notice  for  meeting  of  supervisors  to  decide  upon  an  application  to 
locate  and  establish  a  schoolhouse  site. 

The    undersigned    will    be  present    at ,  on    the days 

of. ,   at o'clock  in  the noon,    to    decide    upon    the 

application  of  school-district  No.  — ,  for  the  location  and  estab- 
lishment of  a  school  house  site  for  said  district  upon  [here  de- 
scribe the  lands  upon  which  it  is  proposed  to  establish  a  site.] 

Given  under  our  hands,  this -*day  of ,  19 — . 

A.  B., ")  Supervisors 
C.  D.,  lot  the  town 
E.  F.  )  of . 

NOTE. —  In  case- the  application  is  made  by  a  joint  district,  the  supervis- 
ors of  all  the  towns  in  which  any  part  of  the  district  is  situated  must  sign 
the  above  notice  and  be  present  at  the  meeting  to  establish  the  site. 


No.  35. 

Form  of  certificate  of  action  of  town  board  of  supervisors  in  locating  and 
establishing  schoolhouse  site. 

We  hereby  certify  that  011  the  day  of  ,  A.  D.  19 — , 

we  located  and  established  a  schoolhouse  site  for  school-district 

16 


242  SCHOOL  LAWS  OF  WISCONSIN. 

No.  —  ,  comprising  the  following  described  territory  [here  de- 
scribe the  lands  taken  for  a  site  according  to  the  survey  of  the 
same],-  and  award  the  sum  of  -  —  dollars  in  full  as  compensa- 
tion to  the  owner  [if  there  are  two  or  more  owners  of  the  lands 
taken,  specify  the  amount  awarded  to  each],  of  the  lauds  thus 
taken  for  said  schoolhouse  site. 

Dated  this  -  day  of  —  '—  ,  19—. 

(Signed)  A.  B.,  ^  Supervisors 

C    IX,  >  of  the  town 
E.  F.,)  of  --  . 


.  —  The  certificate  of  the  action  of  town  boards  of  supervisors  in 
locating  and  establishing  an  addition  to  a  schoolhouse  site  will  be  the  same 
as  above,  except  that  in  the  second  line,  after  the  word  "established,"  the 
word  "a  "  will  be  omitted,  and  the  words  "  an  addition  to  the  "  will  be  in- 
serted; and  the  last  two  lines  will  be  made  to  read  "  taken  for  said  addi- 
tion to  said  schoolhouse  site." 

S^^Duplicates  of  the  above  certificates  must  be  made  out,  and  one  of 
them  must  be  delivered  to  the  owner  or  occupant  of  the  land  taken,  and 
the  other  to  the  district  clerk  of  the  district,  who  must  have  the  same  re- 
corded in  the  office  of  the  register  of  deeds  of  the  county  in  which  the  site 
is  situated. 


No.  36. 

Form  of  certificate  of  the  sheriff  of  a  vacancy  in  the  office  of  coynty  super- 
intendent of  schools. 

To ,  State  Superintendent: 

SIR: — I  hereby  certify  that  a  vacancy  in  the  office  of  county 

superintendent  of  schools  for county,  Wisconsin,  occurred 

pn  the day  of ,  19-— «,  by  [here   state   the  cause  of  the 

vacancy,    whether    by    death,    resignation,     removal    from    the 
county,  or  the  removal  from  office  of  the  incumbent]. 

Given  under  my  hand  and  seal  of  office,  this  day  of , 

19  — 

(Signed)  A.  B., 

Sheriff  of  County,  Wisconsin. 


No.  37. 

Form  of  a  certificate  of  a  county  clerk,  of  the  division  of  a  county  into  two 
superintendent  districts,  and  of  a  consequent  vacancy  in  the  office  of 
county  superintendent  of  schools. 

To ,   State  Superintendent: 

SIR: I   hereby    certify    that    on    the  day  of ,    19 — , 

the   board   of   supervisors    of   the   county  of   ,  divided  said 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS. 


243 


county  into  two  superintendent  districts;  that  they  have  de- 
termined that  the  present  county  superintendent  shall  have 
jurisdiction  of  district  No.  — ,  and  that  district  No.  — ,  there- 
fore remains  vacant. 

Given  under  my  hand  and  seal  of  office,  this  day  of , 

19—. 

(Signed)  A.   B., 

County  Clerk  of County,  Wisconsin. 


No.  38. 

Form  of  statement  of  number  of  children  of  school  age  in  a  county,  made 
by  county  superintendent  for  county  treasurer,  and  county  clerk. 

To  A.  B.,  treasurer  [or,  clerk]  of  the  county  of : 

SIR  : —  The  following  is  the  number  of  children  over  the  age 
of  four  and  under  the  age  of  twenty  years,  in  those  districts  of 
the  several  towns  in  this  county  [or  superintendent  district  as 
the  case  may  be]  which  have  maintained  school  for  six  or  more 
months  the  past  school  year,  as  returned  to  me  by  the  town 
clerks : 


Town. 

Number  of  Children. 

Town. 

Number  of  Children. 

A  ., 

D.. 

B  

E  

C           .... 

F  

Dated  this  fifteenth  day  of  August,  19 — . 
(Signed) 

County  Superintendent  of  Schools  for 


G.  H.,     , 

- —  County. 


NOTE. —  The   above  statement  must  be  filed  with  the  county  treasurer 
Rnd  county  clerk  on  or  before  the  fifteenth  day  of  August  in  each  year. 


No.  39. 


Form  of  notices  to  teacher  and  district  clerk  of  the  intention  of  the  county 
superintendent  to  annul  said  teacher's  certificate. 

To  A.  B. ,   teacher  in  school -district  No.  — , 


SIR: — You    are   hereby   notified    that   it 


town  of  —  : 

is    my  intention  tQ 


244  SCHOOL  LAWS  OF  WISCONSIN. 

annul   the   certificate   of    qualification    now   held  by  you  as  a 
teacher. 

(Signed)  B.  B., 

County  Superintendent  of  Schools  for  -County. 

To  E.  F.,  clerk  of  school-district  No.  — ,  of  the  town  of : 

SIB: — You  are  hereby  notified  that  it  is  my  intention  to 
annul  the  certificate  of  qualification  held  by " ,  now  em- 
ployed in  teachin-g  in  your  district. 

Bated  this day  of ,  19—. 

(Signed)                                                                       B.   B., 
County  Superintendent  of  Schools  for County. 

NOTE. —  The  above  notices  must  be  served  upon  the  teacher  and  district 
clerk  at  least  ten  days  before  the  certificate  is  annulled. 


No.  40. 
Form  of  annulment  of  teacher's  certificate  and  notice  to  town  clerk. 

To  A.  B. : 

SIR: — The  certificate  of  qualification  held  by  you  as  a  com- 
mon school-teacher  in  the  county  [or  superintendent  district  or 

townj  of ,  issued  on  or  about  the  day  of  ,   18 — , 

is  hereby  annulled. 

Dated  this day  of ,  19 — . 

(Signed)                                                                  C.   D., 
County  Superintendent  of  Schools  for County. 

NOTE. —  The  above  annulment  will  not  take  effect  until  the  following 
notice  has  been  filed  with  the  town  clerk  of  the  town  in  which  the  teacher 
whose  certificate  is  annulled  is  engaged  in  teaching. 

To  the  town  clerk  of  the  town  of : 


SIR: — You  are  hereby  notified  that  on  the day  of  , ' 

A.  D.  19 — ,  I  annulled  the  certificate  of  qualification  held  by 
A.  B.,  a  teacher  of  your  town,  for  the  reason  that  in  my  opin- 
ion, the  said  A.  B.  does  not  possess  the  requisite  qualifications 
as  a  teacher  in  respect  to  [moral  character,  learning  or  ability 
to  teach,  as  the  case  may  be]. 

Dated  this  day  of ,  19 — . 

(Signed)  C.    D., 

County  Superintendent  of  Schools  for  the  County 
of , 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  £45 


APPLICATION  FOR  DICTIONARIES, 


No.  41. 

Form  of  application  for  first  supply  of  a  school-district. 

STATE  OF  WISCONSIN,  County  of ,  ss: 

,  bein-g  duly  sworn,   deposes   and  says  that  district 

No.  — ,  in    the    town    of  ,    county   of ,  has  never  been 

supplied  with  V/ebster's  International  Dictionary,  by  the  state, 

as  provided  by  law.  , 

District  Clerk. 

Post  office . 

Subscribed  and    sworn  to   before  me 
this day  of -,  19—. 

Send  by  express  to ,  care  of  — 

NOTE. — The  dictionary  formerly  known  as  "  Webster's  Unabridged  Dic- 
tionary" is  now  known  as  "Webster's  International  Dictionary."  No 
district  heretofore  supplied  with  a  dictionary  under  the  former  title  will 
be  entitied  to  a  dictionary  for  re  supply  free  of  charge  under  the  present 
title.  See  section  509.  '  .  ,  ' 


No.  42. 
Form  of  application  for  supply  of  additional  departments, 

STATE  OF  WISCONSIN, County,  ss. 

,  being  duly  sworn,  deposes  and   says  that  the  fol- 
lowing department —  in  district  No.  — ,  in  the  -     -  of ,  in 

the  county  of ,  ha —  never   been    furnished   with  Webster's 

International  Dictionary  by   the  state,  as  provided   for  by  law; 

department —  unsupplied, ;  department —  heretofore 

supplied, .  , 

District  Clerk. 

Post  office . 

Subscribed  and  sworn  to  before  me, 

this  day  of ,  19—. 

Send  by  express  to ,  care  of 


246  SCHOOL  LAWS  OF  WISCONSIN. 


No.  43. 

Form  of  application  for  supply  of  additional  departments  in  cities. 

STATE  OF  WISCONSIN,  ,  County,  ss. 

— ,  being  duly  sworn,  deposes   and  says  that   the  pub- 
lic schools    in    the  city   of ,  county   of ,  embrace  

distinct  departments,  in  as  many  different  rooms  (not  including 
recitation  rooms),  under  different  teachers,  and  that  the  follow- 
ing departments  in  said  schools  have  never  been  supplied  with 
Webster's  International  Dictionary,  as  provided  by  law: 


Departments  unsupplied. 

Departments  heretofore  supplied. 

& 

City  Superintendent. 
Subscribed  and  sworn  to  before  me"} 
this day  of ,   19—. 


Send  by  express  to ,  care  of 

No.  44. 
Form  of  application  for  dictionaries  by  the  secretary  of  a  town  board. 

STATE  or  WISCONSIN,  County  of ,  -ss. 

,  being  duly  sworn,  deposes  and  says  that   the    fol- 
lowing subdistrict  — ,  in  the  town  of ,  county  of ha — 

never  been  supplied  with  Webster's  International  Dictionary,  as 

provided    by    law.  subdistricts    unsupplied,  •    subdistricts 

heretofore  supplied  . 

Secretary  of  Town  Board  of  Directors, 

Post-office,  . 

Subscribed  and  sworn  to  before^ 
me  this day  of ,  19— .  ' 


Send  by  express  to  ,  care  of 

16 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  247 


No.   45. 

Form  of  application  for  re-supply,  when  dictionary  previously  furnished 

is  lost. 

STATE  OF  WISCONSIN, County,  ss. 

— ,  being  duly  sworn,   deposes  and  says  that  district 

No.   — ,  in  the  town  of  -    — ,  county  of  -    — ,  has   lost   by , 

the  copy  of  Webster's  International  Dictionary  heretofore  fur- 
nished to  said  district  by  the  state. , 

District  Clerk. 

Post  office, . 

Subscribed  and  sworn  to   before  me,    this  -      -   day  of ,* 

19—. 


Send  by  express  to ,  care  of . 

NOTE. —  The  price  of  the  dictionary  must  accompany  the  application. 


No.  46.-       . 

Form  of  .application  for  re-supply,  when  dictionary  previously  furnished  i3 

worn  out. 

STATE  OF  WISCONSIN,  County,  ss. 

,    being   duly     sworn,    deposes    and    says    that   the 

dictionary  heretofore   furnished  to   district    No.  — ,  in  town  of 
,  county  of ,  is  so  worn  out  as  to  be  unfit  for  use. 


District  Clerk. 


Subscribed   and   sworn    to    before   me,   this  day  of 

19  — 


Send  by  express  to ,  care  of 


HSF"  The  last  two  forms  above  can  be  altered  to  meet  circumstances,  in 
case  the  application  for  a  re -supply  is  for  a  graded  school  in  a  city  or  vil- 
lage. 

C3JP*'  Dictionaries  are  not  furnished  free  for  are-supply, but  at  the  cost  to 
the  state,  viz.:  Plain  edition,  $7;  indexed,  $7.50.  The  money,  or  a  money 
order,  or  a  draft  must  in  all  cases  accompany  the  application.  It  is  bet- 
ter to  send  a  money  order  or  draft,  as  the  state  is  nut  responsible  if  the 
money  is  lost. 

HS^T"  Applications  for  dictionaries  must  be  made  by  the  district  clerk,  the 
secretary  of  the  town  board,  or  the  suporintendent  of  the  schools  in  a  city 
or  incorporated  village,  and  the  post  office  of  the  applicant  should  be 
given  as  well  as  the  nearest  express  station.  Dictionaries  cannot  be  sent 
by  mail. 


248  SCHOOL  LAWS  OP  WISCONSIN. 


FREE  HIGH  SCHOOLS, 


No.  48. 
Form  of  resolution  proposing  establishment  of  a  high,  school. 

In  order  that  the  question  of  establishing  and  maintaining  a 
high  school  in  the  town  of may  be  submitted  to  the  elect- 
ors thereof  for  determination,  the  following  resolution  is  hereby 
proposed  for  adoption : 

Eesolved,  by  the  town  board  of  the  town  of ,  1?hat  a  high 

school  be  established  and  maintained  in  said  town.  The  town 
clerk  is  directed  to  give  notice  that  said  resolution  will  be  sub- 
mitted to  a  vote  at  the  annual  town  meeting  (or,  general  elec- 
tion) to  be  held  in  sai'd  town  on  the day  of ,  19 — ,  (or, 

at  a   special   meeting   or   election  to  be  held  on  the day  of 

,  19 — ,  which  the  town  clerk  is  hereby  required  to  call  upon 

due  notice). 

Dated  this day  of ,  19  — . 

(Signatures  of  Board.  ^ 


Form  of  notice  that  foregoing  resolution  will  be  submitted  to  vote. 
Notice    is  hereby  given   to  the  electors  of   the  town  of 


in  the  county  of  ,  that  at  a  special  election  which  is  hereby 

called  (or  at  the  annual  town  meeting  or  general  election)  to  be 

held  in  said  town  on  the day   of  ,  19 — }  the  following 

resolution  will  be  submitted  to  the  vote  of   said  electors: 

Resolved,  etc.  [as  in  the  foregoing]  ;  and  that  at  said  election 
members  of  the  high  school  board  will  be  chosen,  to  take  their 
offices  if  said  resolution  be  adopted,  the  clerk  for  one  year,  the 
treasurer  for  two  years,  and  the  director  for  three  years]  their 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS.  249 

respective  terms  of  office  beginning  with  the  annual  town  meet- 
ing. 

Dated  this day  of  -    — ,  19—. 

(Signed)  _,  Town  Clerk. 

NOTE. — The  above  forms  may  be  used  with  the  proper  changes,  in  the 
case  of  incorporated  villages,  or  graded  school-districts,  the  call  and  notice 
to  be  signed  by  the  village  or  district  cierk. 

In  case  the  call  is  for  special  school-district  meeting,  it  must  be  signed 
by  at  least  five  legal  voters  of  the  district,  and  the  notice  given  at  least  six 
days  before  the  time  appointed. 


No.   50. 

Form  of  certificate  to  be  forwarded  to  the  state  superintendent  to  secure 
participation  in  apportionment  to  free  high  schools. 

This  may  certify  that  on  the day  of ,  19, — ,  the  legal 

voters  of  the  town  of [or  towns  of  ,  where  two  or  more 

towns  unite,  or  of   school-district  No.  — ,  town    of  ,  where 

vote  is  by  a  school  district,  or  city,  or  village]  adopted  a  reso- 
lution to  establish  and  maintain  a  free  high  school  in  said  town 
(or  towns,  or  school -district),  an'1  the  persons  whose  names  are 
hereunto  appended  have  been  duly  elected  to  the  office  appended 
to  their  names,  respectively.  We  further  certify  that  no  (or 

one   or  more)  graded    school    exists   in    said of .      The 

course  of  study  adopted  by  said  high  school  board  for  said  high 
school  is  herewith  submitted  for  the  approval  of  the  state  super- 
intendent, and  the  names  and  examination  papers  of ,  pu- 
pils prepared  to  enter  said  high"  school,  who  are  residents  of 

said  town    (or   towns,  or  school-district)    of ,  are  herewith 

forwarded  for  inspection.  The  examination  of  these  pupils  was 
held  on  the day  of ,  1 9  — ,  and  was  conducted  by . 

Dated  at ,  this day  of ,  19—. 

.     — ~)  Director. 

I  Clerk. 

)  Treasurer. 

NOTE. —  With  this  certificate  tho  examination  papers  of  at  least  twenty- 
five  pupils,  residents  of  the  high  school-district,  should  be  forwarded  The 
character  and  scope  of  these  examinations  are  commented  upon  in  the  tigh 
school  pamphlet. 


£56  SCHOOL  LAWS  OF  WISCONSIN. 


TOWNSHIP  SYSTEM  OF  SCHOOLS, 


No.   51. 
Form  of  petition. 

To  M.  S.,  Town  Clerk: 

The  undersigned  electors  of  the  town  of ,  hereby  petition 

that  the  question  of  township  school  government  in  said  town 
may  be  submitted  to  the  electors  thereof,  at  the  ensuing  annual 
town  meeting  (or,  ge'neral  election). 

Dated  this  -    -  day  of  -  — ,  19—. 
(Signed) 


NOTE. —  The  petition  is  to  be  signed  by  at  least  ten  electors  of  the  town. 


No.   52. 

Form  of  notice  to  be  given  by  town  clerk. 

Notice  is  hereby  given  that  at  the  annual  town  meeting    (or, 

general  election),  to  be  held  in  said    town    of  -    — ,  on   the 

day  of ,  19 — ,  the  question  of  township  school  government 

in  said  town  will  be  submitted  to  the  electors  thereof,  a  peti- 
tion therefor  having  been  presented  to  me  signed  by  ten  electors 
of  said  town. 

Dated  this  day  of  ,   19 — . 

(Signed)  ,  Town  Clerk. 


INDEX. 


ACADEMIES-  PAGE 

incorporated,  to  report  to  state  superintendent 152 

ACCEPTANCE- 

must  be  in  writing,  and  filed  with  the  district  clerk 4 

of  district  office  by  two  officers  necessary  to  organization  of 

district , 4 

of  school  district  office 29, 31 

ACCOUNT— 

of  district  board  for  expenses  to  be  presented  to  district  meet- 
ing for  allowance 35 

to  be  kept  by  the  district  treasurer 46 

ACTIONS  - 

to  be  brought  under  the  compulsory  law 39 

director  to  appear  in,  for  district ^  . .  45 

director  to  commenc j,  on  treasurer's  bond 45 

against  town  treasurer,  by  district  treasurer 48 

against  county  superintendent  for  neglect  to  make  report ....  142 

against  county  treasurer,  by  town  treasurer 93 

against  district  treasurer,  by  district 45 

may  be  brought  by  any  elector  in  certain  cases 144 

against  district  clerk  for  neglect  to  make  report. * 142 

against  town  clerk  for  neglect  to  make  report , 142 

ADJOURNMEtfT- 

of  school  district  meeting,  notice  of,  when  for  a  longer  time 

than  one  month „. . . .  11 

of  school  district  meeting 18 

ADMISSION— 

of  pupils  from  other  districts 24 

of  persons  over  twenty  into  public  schools 24, 37 

AFFIDAVIT- 

of  district  clerk  to  be  attached  to  his  annual  report 86 

to  statement  of  taxes  voted 120 

must  accompany  appeals 138, 139 

must  be  made  to  application  for  dictionaries H9 


252  INDEX. 


AGE  OF  CHILDREN-  PAGE 

entitled  to  attend  school  free 219 

must  be  taken  and  included  in  the  census 86 

AID— 

state,  for  instruction  of  deaf  mutes 160 

state,  to  county  training  schools 158, 159 

state,  to  graded  schools 59, 60 

state,  to  manual  training  departments 134 

state,  to  free  high  schools 131, 132 

state,  to  schools  of  agriculture  and  domestic  economy 156, 157 

ALTERATION— 

of  proceedings  of  district  meetings 27 

AGRICULTURE  AND  DOMESTIC  ECONOMY— 

boards  provided  for 154 

county  superintendent  to  be  secretary  of  board 155 

county  treasurer  to  be  treasurer  of  board 155 

inspection  of  schools  156 

schools,  how  established 154 

state  aid  to 156, 157 

two  counties  may  unite  in  establishing  schools  of 155 

ALTERATION  OF  SCHOOL  DISTRICTS- 

in  town  and  village 

notice  of  meeting  of  supervisors  to  consider 5 

notice  of,  to  be  filed  with  town  clerk  and  district  clerk 6 

not  to  take  effect  within  three  months  without  consent  of  dis- 
trict board 6 

not  to  take  effect  between  the  first  day  of  December  and  the 

first  day  of  April  following 

of  joint  districts,  how  made 7 

of  joint  districts,  embracing  village  and  cities 

of  sub-districts,  how  made 177 

to  be  made  by^town  board  of  supervisors .' 2,  5,  6 

AMENDMENTS— 

to  laws,  furnished  to  school  districts 91 

ANNUAL  DISTRICT  MEETING  - 

may  vote  to  change  text-books 

to  determine  time  school  shall  be  taught 25 

to  determine  sex  of  teacher 25 

vota  tax  to  compensate  clerk 26 

when  to  be  held . .    

notice  for,  how  given 11 

ANNUAL  MEETING  - 

of  board  of  education  in  cities 173 

ANNUAL  REPORT— 

of  district  clerk 86 

of  town  clerk '. 

of  county  superintendent 

of  city  superintendent  or  clerk 90 


INDEX.  253 

ANNULMENT—  PAGE 

of  teacher's  certificate  by  county  superintendent 63,  76 

notice  thereof  to  be  filed  with  town  and  district  clerk 63 

of  teacher's  state  certificate  by  state  superintendent.    65 

APPARATUS- 

purchase  of,  by  district  board 35 

tax  to  be  voted  for,  limited 23 

to  be  approved  by  state  or  county  superintendent 35 

APPEALS  - 

decisions  of  state  superintendent  final. 216 

decisions  to  be  made  within  thirty  days  after  the  hearing 

thereof  is  closed 137 

effect  of,  from  judgment  against  district 121 

from  decision  of  school  district  board 137 

from  refusal  of  county  superintendant  to  grant  a  certificate 

may  be  taken  by  applicant 55,  140 

may  be  taken  by  persons  aggrieved 109 

no  reversal  of  decision  rendered  after  thirty  days 137 

rules  respecting . . .' 138,  141 


APPENDAGEST 

board  to  provide  for  the  school-house 33,  34 

APPLICANTS- 

for  examination  of  county  superintendent  shall  pay  fee 81 

APPLICATION— 

of  interest  on  school  fund 218 

on  money  received  on  division  of  district 8 

for  loan  by  school  district 102,   103 

APPOINTMENT— 

of  boards  of  education  in  cities 172 

of  sub-district  clerks 187 

to  fill  vacancy  on  school  board 31 

APPORTIONMENT- 

not  affected  by  alteration  of  districts 194 

of  free  high  school  tax 131 

of  school  fund  by  state  superintendent 195, 196 

of  school  fund  income 192 

of  school  fund  income,  notice  of 193 

correction  of 193 

of  school  money  by  town  clerk 92, 194 

to  state  graded  schools 59 

of  tax  for  buildings,  etc.,  under  township  system 188, 189 

supplementary,  to  free  high  schools 131, 132 

to  high  school  districts 123, 131 

APPROVAL- 

by  city  council  of  change  in  text  books  ip  cities ,,,..,,  43 


254  INDEX. 


PAGE 

ARBOR  AND  LABOR  DAY 151 

bird  day 151 

ASSESSMENT— 

in  joint  district 95 

of  district  taxes 95, 96 

ATTAINMENTS- 

standard  of,  to  be  established  by  county  superintendent 54 

ATTENDANCE- 

at  school 39' 

compulsory,  between  the  ages  of  seven  and  fourteen 

on  institute  by  teacher,  without  deduction  from  wages 71,72 

state  graded  schools 58 


B 

BLACKBOARDS— 

tax  for  purchase  of 23 

BLANKS- 

for  reports,  to  be  furnished  by  state  superintendent 91 

BOARD— 

(See  County  Board  of  Supervisors.) 
(See  Town  Board  of  Directors  ) 
(See  Town  Board  of  Supervisors.) 
(See  District  Board.) 

BOARD  OP  EDUCATION— 

authority  of,  in  cities 173, 174 

clerk  of,  to  make  report 90 

duty  of,  to  appoint  truant  officers 40 

in  cities,  annual  meeting 173 

in  cities,  appointment,  terms 172 

in  cities,  to  determine  what  textbooks  shall  be  used 43 

may  cause  foreign  language  to  be  taught  not  to  exceed  one 

hour  each  day 50 

may  insure  school  property  and  execute  note  for  premium ....  44 

may  invest  school  funds 1 151 

may  order  changes  in  textbooks 42 

may  provide  kindergartens 50 

president  of,  to  sue  for  forfeitures 39, 40 

shall  be  high  school  board  in  certain  cases 125 

shall  have  all  powers  of  school  district  boards 151, 152 

to  erect  school  buildings,  etc 174, 175 

to  hold  monthly  and  special  meetings 174 

to  make  estimate  of  school  expenses  for  year < 175 

to  make  rules  for  furnishing  textbooks 43 

to  provide  office  for  board 174, 175 

to  purchase  textbooks 43 


INDEX.  255 

BOARD  OF  EXAMINERS—  PAOE 

compensation  of  members 65 

may  recommend   the  issuance  of  special    licenses   in  certain 

cases 67 

meetings,  when,  where 63  6i 

payment  of  expenses   in  conducting  county  superintendent's 

examinations , 84 

shall  be  appointed  by  state  superintendent 63 

shall  examine  applicants  for  county  superintendents'  certifi- 
cates      84 

shall  recommend  countersignature  of  certificates  granted  by 

other  states 66 

shall   recommend  the  issuance  of  state  certificates  based  on 

diplomas 66,  67 

BOARD  OF  REGENTS  OF  NORMAL  SCHOOLS  - 

compensation  of , 208 

meetings 207 

officers  of 207 

powers  of 207,  210.  211 

removal  of,  disqualification  of  officers 208 

report * 213 

their  terms  and  vacancies  . .  206 


BOARD  OF  REGENTS  OF  UNIVERSITY  — 

accounts  against 200 

duties  of 198 

expenses  of 205 

meetings  of 198 

officers  and  powers  of 197,  198 

reports  of  . . 199 

BOND— 

of  district  treasurer : 45,  46 

of  treasurer  of  free  high  school  board 127 

shall  be  given  by  county  superintendent 83 

to  cover  lease  of  site 110, 111 

United  States  school  funds  may  be  invested  in J51 


BOOKS- 

for  records  and  other  purposes,  to  be  purchased  by  district 

board 35 

to  be  furnished  to  indigent  pupils 35 

text,  adopted  by  city  and  village  boards  of  education 43 

text,  may  be  purchased  by  district 25,  27 

text,  purchased  by  city  and  village  boards  of  education 43 

for  register,  to  be  furnished  by  district  clerk 49 

text,  to  be  determined  by  district  board 42 

BORROWING  MONEY— 

by  high  school  district 100,  131 

by  school  districts 98-107 

for  teachers'  wages ; 100 

interest  on  loans. 100, 101 


256  INDEX. 


BRANCHES-  PAGE 

additional  ones  may  be  taught 50 

examination  in,  for  county  certificate 52, 53 

examination  in,  for  state  certificate 64 

to  be  taught  in  school 50 

examination  in  additional,  for  county  certificate 52 


BOUNDARIES-* 

of  school  districts  may  not  be  changed  except  under  certain 

conditions 106, 107 

may  be  changed 5, 7, 9 

BULLETINS— 

of  farm  institutes 116 


CADETS— 

graduates,  rank  of 154 

inspection  of 153 

inspection  officer,  report  of 153 

inspection,  suspension  from 154 


CENSUS- 

officer'sduty 40 

CERTIFICATE- 

county  superintendent's,  provided  for 84 

diplomas  of  graduates  of  state  normal  schools,  Milwaukee 

high  school,  state  university  and  other  colleges  converted 

into  teachers'  state 66-71 

first  grade,  what  studies  applicants  for,  must  be  examined  in  52,  53 

foreign,  may  be  countersigned 66 

may  bo  annulled 64,  65,  67 

may  be  granted  on  transferred  papers 53 

of  establishment  of  free  high  schools 123 

of  graduates  of  free  high  schools  may  be  countersigned  and 

have  force  of  first  grade  certificates  for  four  years 56 

of  judgment  against  school  district 12L 

of  land  taken  for  school  house  site 108, 109 

of  qualification  granted  to  teachers 52,  70 

of  town  treasurer  of  moneys  to  be  apportioned 93 

of  town  treasurer  to  district  clerks  of  amounts  paid  to  district 

treasurers 93 

of  value  of  school-house,  etc 8 

second  grade,  what  studies  applicants  for,  must  be  examined 

in : '. 52,  53 

state,  shall  be  recorded  by  state  superintendent 65 

state  superintendent  shall  issue  to  graduates  of  University  of 

Wisconsin  and  Wisconsin  normal  schools 70 

state  superintendent  to  grant,  to  teachers  in  manual  training 

departments. .,...,.......,..,,..,...,...,, J34 


INDEX.  257 

CERTIFICATE— Continued.  PAGE 

teachers',  additional  branches  required  for 52,  53 

teachers',  duration  of  first  and  second  grades  increased 53 

teachers',  how  annulled 63 

teachers',  limited  as  to  time  and  place 53 

teachers',  standard  of  attainment  required  for 64 

teachers'  state,  conditions  of 53,  54 

teachers',  transfer  and  renewal  of 54 

teachers',  who  hot  to  have 52 

third  grade,  what  studies  applicants  for,  must  be  examined  in  52,  53 

three  grades  established 52 

to  be  granted  to  free  high  school  teachers 134 

to  graduates  of  county  training  schools 159 

CHALLENGE- 

of  voters 16-18 

CHARGES— 

against  teachers,  made  in  writing 63 

CHILD  LABOR  LAW , 41 

CHILDREN— 

crippled,  to  be  admitted  to  state  public  school 152 

employment  of 41, 42 

of  town  or  county  poor,  how  educated 150 

truant,  to  be  placed  in  school 40 

CITIES  - 

general  charter  law 172, 176 

of  the  first  class,  school  boards  in 162, 172 

clerk : 

village  clerk  or  clerk  of  boaad  to  report  to  county  superinten- 
dent   90 

council: 

to  approve  changes  in  textbooks 43 

districts  lying  in,  how  altered 9 

instruction  of  deaf  mutes  in 160 

no  part  of,  to  be  embodied  in  new  joint  districts 9 

superintendent : 

to  furnish  information  of  blind  or  deaf  persons 83 

to  include  statement  of  deaf  and  blind  children  in  report  to 

county  board 83 

to  report  to  state  superintendent 90 

CLAIMS— 

discounting  of,  by  public  officer 147 

CLERK— 

(See  district  clerk,  town,  clerk.) 

COLLEGES- 

incorporated,  to  report  to  state  superintendent r  •  •  152, 153 

17 


258  INDEX. 

COMMON  SCHOOLS-  PAGE 

exercise  in,  must  be  conducted  in  the  English  language 50 

fund,  how  distributed... 192-196,219 

government  of 37-39 

no  sectarian  instruction  to  be  allowed  therein • 219 

to  be  free  to  children  of  certain  age 219 

to  be  maintained  seven  months  in  each  year,  or  not  share  in 

fund 192,193 

what  shall  be  taught  in 50 


COMPENSATION— 

of  clerk,  limited 26 

of  county  judge  for  services  in  removal  of  officer 144 

to  land  owners  for  schoolhouse  site 109 

of  members  of  board  of  examiners 65 

of  normal  school  regents 208 

of  secretary  of  town  board  of  directors 178, 179 

of  state  superintendent's  assistants 214 

of  town  clerk  for  library  work 115 

of  truant  officers 40 

of  university  regents 205 

COMPULSORY  EDUCATION— 

law  relating  to 39 


CONSTITUTIONAL  PROVISIONS— 

in  regard  to  common  schools 219 

in  regard  to  school  fund 218, 219 

in  regard  to  state  superintendent 218 


CONSTITUTIONS  - 

to  be  taught  in  common  schools 50 

CONTRACT  — 

certificate  to  be  attached  thereto , 36 

snail  terminate 36 

to  be  filed  with  clerk 36 

what  shall  be  specified  in 36 

when   not  valid • 36 

with  teacher , 36,  181 


CORRECTION  — 

of  apportionment 193,  194 

COUNTERSIGN  ATURE- 

applicant  for,  to  county  superintendent  shall  pay  fee 81 

effect  of,  on  diplomas  and  life  certificates 67 

of  diplomas  from  Milwaukee  high  school 67 

of  high  school  diploma  by  county  superintendent 56 

of  normal  school  kindergarten  diplomas :    68 


INDEX.  259 

COUNTY  BOARD-  PAGE 

may  allow  county  superintendent's  traveling  expenses 81 

to  allow  county  superintendent's  expenses  for  stationery  and 

traveling 74, 75 

to  allow  certain  amount  to  district  for  each  public  charge 150 

to  approve  bond  of  county  superintendent 75 

to  audit  bill  of  expenses  of  county  superintendent 75 

to  levy  school  tax  upon  the  towns 192 


COUNTY  SUPERINTENDENT— 

certificate,  examination  for 84 

compensation  of,  fixed  by  county  board 74 

eligibility  to  office 73 

liability  for  neglect  to  make  annual  report 142 

may  accept  final  normal  school  standings 62 

may  accept  transferred  papers 54 

may  appoint  deputy 79 

may  be  allowed  actual  traveling  expenses 81 

may  countersign  high  school  diplomas 56 

may  demand  examination  in  additional  branches 52,53 

may  give  applicant  private  examination 79 

may  purchase  dictionary  from  state  superintendent 149 

may  require  re-examination / 55 

not  to  act  as  agent  for  author,  publisher  or  bookseller 143 

not  to  teach,  engage  in  other  profession,  or  absent  himself 

from  county 80 

removal  of,  from  office 144 

residence  and  office  of 81 

to  annul  teachers'  certificates 63 

to  attend  annually  one  convention  of  county  superintendents.  80 

to  be  secretary  of  training  school  board 157 

to  be  secretary  of  board,  schools  of  agriculture 155 

to  be  reimbursed  actual  expenses  in  attending  county  superin- 
tendents' conventions. 75, 80 

to  declare  schoolhouse  unfit  for  use 78 

to  direct  district  board  to  make  repairs 77 

to  establish  standard  of  attainments  for  his  county 54,55 

to  examine  and  license  teachers 76 

to  file  notice  of  annulment  with  town  and  district  clerk 63 

to  file  statement  with  county  clerk  giving  names  of  persons 

examined,  etc 82 

to  form  inspection  districts  and  hold  meetings 79 

to  furnish  information  of  blind  or  deaf  persons 83 

to  give  bonds 75,  83 

to  give  notice  of  complaints 63 

to  give  written  statement  on  demand  to  applicants  refused 

certificates 55 

to  hold  examinations  at  county  seat 79 

to  hold  institute 78,  81 

to  hold  at  least  one  meeting  for  examination  of  teachers  in 

each  inspection  district  annually 79* 

to  keep  record  of  moneys  collected  and  paid  out 82 

to  notify  district  clerks  of  time  and  place  of  meetings  for  ex- 
amination of  teachers 79 

to  pay  over  moneys  to  successor 82 

to  present  sworn  statement  of  time  spent  in  discharge  of  du- 
ties                                                           75 


260  INDEX. 


COUNTY  SUPERINTENDENT— Continued.  PAGE 
to  report  annually  to  county  board  and  state  superintendent. .  78-90 
to  report  number  of  children  to  county  clerk  and  county  treas- 
urer    90 

to  visit  schools 77 


COUNTY  TRAINING  SCHOOLS  FOR  TEACHERS  — 

boards  provided  for 157 

certificates  to  graduates  of 159 

county  superintendent  1o  be  secretary  of  board 157 

how  established 157 

inspection  of 158 

state  aid  to..  159 


COURSES  OF  STUDY— 

in  free  high  schools  shall  include  certain  branches 57,  133 

in  state  graded  schools 60 

theory  and  art  necessary  before  high  school  diploma  can  be 

countersigned 57 

COUNTY  TREASURER- 

how  to  dispose  of  m'oneys  uncalled  for 194 

to  apply  to  state  treasurer  for  school  money  apportioned  by 

state  superintendent 194 

to  be  treasurer  of  board,  schools  of  agriculture 155 

to  collect  taxes 96 

to  give  notice  to  town  and  city  treasurers 194 


DEAF  MUTES  — 

instruction  of,  in  villages  and  cities 160 

state  aid  for 160 

teachers  of,  qualifications  approved  by  state  superintendent. .  160 


DEBTS  — 

of  extinguished  districts,  how  paid 10 

of  school  district,  tax  may  be  voted  for 23 


DECISION  — 

no  review  of,   after  thirty  days 13T 

of  district   meeting,  town  supervisors,  etc.,  may  be  appealed 

from    137 

of  state  superintendent,  to  be  final 216 

DEPUTY  COUNTY  SUPERINTENDENT  — 

how  appointed     79 

qualifications  of ,,,,.,.  ^ .,.,,,,, 79 


INDEX:.  261 


DICTIONARY  -  PAGE 

money  received  from  sale  of,  to  be  paid  to  state  treasurer 149 

to  belong  to  district  library 150 

Webster's,  may  be  furnished  school  districts  by  state  superin- 
tendent   '. ; 149 

DIPLOMAS- 

high  school,  may  be  countersigned  by  county  superintendent.  56 

Milwaukee  high  school,  may  be  countersigned 67 

normal  school  kindergarten,  may  be  countersigned 68 

of  institutions  other  than  university  of  Wisconsin  and  Wis- 
consin normal  schools 66, 67 

of  university  and  normal  schools  may  be  countersigned 66 

of  university  may  be  countersigned 201 

DIRECTOR— 

length  of  term 29 

to  appear  for  the  district  in  all  actions 45 

to  approve  treasurer's  bond 45 

to  be  elected  by  ballot 18 

to  countersign  orders  drawn  by  clerk 45 

to  demand  additional  bond  from  treasurer 46 

to  file  certificate  of  appeal  from  judgment 121 

to  forfeit  sum  for  countersigning  unauthorized  orders 143 

to  prosecute  district  treasurer 

to  sue  for  forfeitures 39, 143 

DISTRIBUTION— 

of  income  of  school  fund 192-196 

DISTRICT— 

(See  School-District.) 

DISTRICTS  - 

superintendents,  county  board  may  divide 74 

superintendents,  effect  upon  cities «.  74 

superintendents,  what  shall  constitute 74 

DISSOLVED  DISTRICT- 

property  of 10 

DISTRICT  BOARD  - 

have  power  to  adopt  textbooks 42 

may  cause  foreign  language  to  be  taught  not  to  exceed  one 

hour  each  day 50 

may  insure  school  property  and  execute  note  for  premium. . 

may  make  rules  for  the  government  of  the  district  school 37 

may  provide  kindergartens 50 

may  purchase  school  books  for  children  whose  parents   are 

unable  to  furnish  them 35 

may  suspend  or  expel  pupils 37, 38 

meetings  of,  how  called 30 

members  of,  shall  forfeit  sum  for  change  of  textbooks  not  in 

compliance  with  law 

to  admit  non-resident  pupils 

to  authorize  prosecutions  under  compulsory  law 39 


262  INDEX. 

DISTRICT  BOARD -Continued.  PAGE 

to  build  schoolhouse 33 

to  construct  schoolhouses  with  doors  swinging  outward  ....  145 

to  designate  officers  to  arrest  truant  children 40 

to  fill  any  vacancy  in  their  own  number 31 

to  give  notice  under  compulsory  law 40 

to  have  the  care  of  schoolhouses,  etc 33, 34 

to  hire  teachers 36, 37 

to  keep  schoolhouse  in  repair 34 

to  levy  school  tax  in  certain  cases 36 

to  present  account  of  expenses  incurred  to  district  meeting. .  35 

to  provide  appendages  for  schoolhouse 34 

to  purchase  apparatus,  record  blanks,  books,  etc 23,35 

to  purchase  a  United  States  flag  for  each  school  room 

to  purchase  or  lease  site  for  schoolhouse 33 

to  report  at  annual  meeting 11 

to  sell  schoolhouse  or  site 33 

to  visit  and  supervise  school . .'. 44 

who  shall  constitute  it . .  30 


DISTRICT  CLERK- 

compensation  may  be  voted  at  annual  meeting 26 

length  of  term 29 

liability  for  neglect  to  make  annual  report 142 

may  fill  vacancy  on  school  board   31 

may  subscribe  for  Journal  of  Education 149 

of  high  school,  to  make  report 127 

of  sub-district,  duties  of 185 

of  sub-district,  shall  be  member  of  town  board 186 

of  sub-district,  shall  have  charge  of  school-house 185 

of  sub-district,  to  act  as  secretary  of  meetings   185 

of  sub-district,  to  give  notice  of  annual  meetings 187 

of  sub-district,  to  report  to  secretary  of  town  board 186 

shall  have  access  to  treasurer's  books : 47 

to  act  as  clerk  at  district  meetings 48 

to  approve  treasurer's  bond 45 

to  be  elected  by  ballot 

to  call  special  meetings 12 

to  certify  to  town  clerk  statement  of  taxes '96 

to  demand  additional  security  from  treasurer 

to  draw  orders  on  district  treasurer 48 

to  embody  in  notice  of  annual  meeting  question  of  change  in 

textbooks 42 

to  enter  minutes  of  meetings,  etc 48 

to  file  teacher's  certificate  of  attendance  on  institute 71,72 

to  forfeit  sum  for  drawing  unauthorized  order 143 

to  furnish  school  register „ 49 

to  include  moneys  due  new  district  in  statement  of  tax  made 

to  town  clerk 8 

to  include  the  name,  age  and  sex  of  each  person  of  school  age 

residing  in  the  district  in  annual  report 86 

to  make  record  of  orders  drawn 49 

to  make  report  to  town,  city  or  village  clerk 

to  notify  persons  of  election  or  appointment  to  office 29, 49 

to  post  notice  of  annual  meeting 

to  report  amount  of  money  received,  sources  from  which  and 

manner  of  expenditure 87 

to  report  name  and  postoffice  of  district  officers  to  town  clerk.  48 


INDEX. 


DISTRICT  LIBRARY—  PAGE 
(See  Public  School  Libraries.) 

fund,  how  obtained 114 

of  adjoining  districts  may  be  united 112 

regulations  concerning 113, 114 

tax  may  be  voted  for 23 

title  to  be  vested  in  district 112 

to  be  in  charge  of  librarian 

under  township  system 116 


DISTRICT  MEETINGS  — 

annual,  notice  for,  how  given 11 

annual,  when  held 11 

first  one,  how  notified . . , 2 

special,  how  called 12 

to  authorize  board  to  borrow  money 24 

to  authorize  purchase  of  textbooks 25 

to  be  called  by  town  supervisors  in  certain  cases 3 

to  determine  whether  school  shall  be  taught  by  male  or  female 

teacher 25 

to  determine  time  school  shall  be  taught 25 

to  direct  sale  of  property 

to  vote  tax  for  teachers'  wages 22 

DISTRICT  OFFICERS  — 

who  shall  be  . .  29 


DISTRICT  PROPERTY  — 

board  to  have  care  of 33,  178 

how  divided  on  division  of  district 8 

sale  of,  authorized   23,  33,  180 


DISTRICT  TAXES  — 

assessment  and  collection 95-97, 184,  188,  191 

for  providing  free  transportation  of  pupils 26 

limit  of,  for  all  purposes : 27 

limit  of,  for  apparatus 23 

limit  of,  for  building,  hiring  or  purchasing  schoolhouse 

limit  of,  for  district  library 

limit  of,  for  teachers'  wages 

to  compensate  the  clerk 26 


DISTRICT  SCHOOLS  — 

(See  Common  Schools.) 

establishment  provided  for 21 

tuition;  sectarian  instruction 219 

what  studies  shall  be  taught  in 50 

DISTRICT  TREASURER- 

length  of  term 29, 45 

neglect  to  file  additional  bond 46 

of  free  high  school  to  give  bond 127 

of  free  high  school,  to  pay  out  moneys 130 


INDEX. 


DISTRICT  TREASURER—  continued. 

to  apply  certain  tax  to  payment  of  debt  ......................  99 

to  be  elected  by  ballot  ...................................... 

to  deliver  books,  papers  and  moneys  to  successor  ............  47 

to  execute  and  file  bond  ...................................  .  45 

to  give  additional  security  when  demanded  by  director  and 

clerk  .....................................................  46 

to  keep  accounts  ........................................... 

to  pay  money  on  order  of  clerk  .............................. 

to  prosecute  for  forfeitures  in  certain  cases  ;  .................  143 

to  prosecute  town  treasurer  ................................  48 

to  receive  and  account  for  forfeitures  ........................  40 

to  receive  high  school  aid  ...................................  123,  124 

to  receive  money  from  f  own  treasurer  ........................  46 

to  report  to  annual  meeting  .................................  47 

when  selected  .......................................  .......       18,  29 

who  may  not  be  .........................................  .  .  46 

DIVISION- 

of  joint  libraries  ............................................  112 

of  property  ..................................  .  .............. 

of  school  districts  ..........................................  5,   7,   9 


DOORS - 

to  open  outwardly 145 

DUTY- 

neglect  of 142,  144,147 

of  board  of  regents  of  normal  schools 207 

of  board  of  regents  of  university 198 

of  census  officer 40 

of  county  superintendent 76-85 

of  county  treasurer : 194 

of  district  clerk 48,  49,  86,  185 

of  district  director 45 

of  district  treasurer 45-48 

of  high  school  board ' 127 

of  officers  to  sue  for  forfeitures 39 

of  secretary  of  town  board 181 

of  state  superintendent 215-217 

of  sub-district  clerk 185 

of  town  clerk 92 

of  town  treasurer ' 93, 185 


E 

EDUCATION- 

compulsory 39 

constitutional  provision  in  relation  to 218, 219 

of  children  maintained  at  public  charge 150 

ELECTION— 

of  officers  of  school  districts 29 

of  state  superintendent 214 


INDEX.  265 

ELECTORS  OF  A  SCHOOL  DISTRICT—  PAGE 

may  direct  purchase  or  sale  of  school-house  site,  etc 23 

their  powers  at  first  or  annual  meeting 18-28 

to  assemble  at  first  district  meeting 2 

ELIGIBILITY— 

to  office  of  county  superintendent 73 


EMBEZZLEMENT— 

punishment  for 47 

what  constitutes  . .  47 


EQUALIZATION  OF  TAXES- 

by  town  board  of  assessors 95 


ESTABLISHMENT— 

of  free  high  schools 122 

of  schoolhouse  sites  108-111 


EXAMINATION- 

applicants  for,  shall  pay  fee 81 

as  principal  of  free  high  schools 63 

fee,  use  of , 81 

for  county  superintendents'  certificates 84 

for  teachers'  state  certificates 64 

in  additional  branches 54 

meetings  for,  how  notified,  and  when  held 79 

of  free  high  school  teachers 133 

private,  granted  in  certain  cases 79 

records  of  state  .                                                         65 


EXECUTION  - 

when  to  issue  . .  120 


EXECUTIVE  COMMITTEE  - 

of  town  board  of  directors,  powers  of 181 

of  town  board  of  directors  to  employ  teachers 181 

to  appoint  clerk  in  case  of  vacancy 187 

EXPENDITURE  - 

of  district  board,  how  allowed  35 

of  members  of  town  board  of  directors 178 

traveling,  of  county  superintendent 81 

EXPULSION— 

of  pupils 37 


266  INDEX. 


FAILURE-  PAGE 

of  electors  to  vote  sufficient  money 30,    184 

to  maintain  school 

to  raise  tax,  forfeits  school  fund  income 192 


FARM  INSTITUTE- 

bulletins  of,  to  be  distributed  by  the  state  superintendent 116 

FEE- 

may  be  remitted  to  residents  over  twenty 

for  examination  for  certificates 

for  tuition  of  non-resident  pupils 37 

FINES,  FORFEITURES,  ETC.— 

action  for  recovery  of,  prosecuted  by  director 

disposition  of 40, 142 

duty  of  officers  to  sue  for 

for  countersigning  such  order 

for  destruction,  injury  or  removal  of  state  property 

for  distributing  obscene  books,  etc 147, 148 

for  disturbing  school 147 

for  drawing  order  for  any  purpose  not  authorized  by  law 

for  entering  state  grounds 146 

for  failure  to  send  child  to  school 

for  injury  to  timber 

for  neglect  of  duty  by  district  officers 

for  neglect  of  duty  or  violation  of  law 142, 147 

for  neglect  of  officer  to  deliver  records,  papers,  etc.,  to  his  suc- 
cessor    142, 1 47 

for  neglect  of  teacher  to  keep  register. 72 

for  neglect,  to  apply  to  high  school  officers 127 

for  neglect  to  prosecute  for  forfeitures 

for  official  malfeasance 

for  refusal  of  district  officer  to  serve 143 

for  refusal  of  school  officers  to  act  in  case  of  assessment 95 

for  refusal  of  town  supervisors  to  carry  into  effect  any  decision 

of  state  superintendent 

for  refusal  to  act  as  chairman  of  district  meeting 

for  refusal  to  notify  first  meeting  in  new  district 142 

for  school  officers  and  teachers  acting  as  book  agents 143 

for  school  officers  ordering  change   in  text-books  within  three 

years  of  adoption 

in  relation  to  library 112 

of  county  superintendent  for  neglect  to  make  annual  report. .  142 

of  county  superintendent  for  teaching,  etc 80 

of  district  clerk  for  neglect  to  make  annual  report •. 

of  officials  for  failure  to  provide  fire-escapes,  etc 

of  town  clerk  for  neglect  to  make  annual  report 

prosecution  for,  by  voters 144 

FIRE  ESC  APES 145 


INDEX.  267 

FLAGS-  PAGE 

purchase  of 35 


FORMATION— 

of  free  high  school  districts 122 

of  joint  districts 3 

of  school  districts 2 

of  township  districts 177 


FORMS  — 

to  be  furnished  officer 91 

of  affidavits  in  appeal  cases 139 

of  notice  of  appeal  by  teacher 140 

of  order  organizing  new  district 220 

of  order  organizing  joint  district 222 

of  notice  for  first  meeting  by  town  supervisors 220 

of  notice  for  first  meeting  to  be  left  at  residence  of  voter 221 

of  return  of  notice  for  first  meeting   221 

of  notice  by  supervisors  for  meeting  when  there  is  no  officer  to 

call  one 222 

of  acceptance  of  district  office 223 

of  notice  of  meeting  to  alter  district  boundaries 223 

of  order  altering  district  boundaries 223 

of  consent  to  order  of  alteration  224 

of  awarding  property  to  new  district 224 

of  notice  for  annual  meeting 225 

of  notice  for  adjourned  district  meeting 225 

of  request  for  special  district  meeting 

of  notice  of  special  district  meeting.  ,„ 226 

of  notice  to  officers  of  election 227 

of  refusal  to  accept  district  office 327 

of  refusal  to  accept  office  on  appointment 228 

of  appointment  to  vacancy  in  district  board 228 

of  deed  of  schoolhouse  site 229 

of  lease  of  schoolhouse  site 230 

of  contract  between  district  and  teacher 230 

of  bond  of  district  treasurer 231 

of  call  on  treasurer  for  additional  security 232 

of  order  on  treasurer 232 

of  school  register  to  be  kept  by  teacher 233-236 

of  notice  of  apportionment  by  town  clerk 237 

of  certificate  of  town  treasurer  to  town  clerk -.  237 

of  report  of  names  and  postoffice  addresses  of  district  clerks. . 

of  statement   by  district  clerk  of  tax  voted 239 

of  statement  by  district  clerks  of  tax  voted  by  joint  district. .  240 
of  determination  of  relative   proportion  of  taxes  in  joint  dis- 
trict   238 

of  application  for  establishment  of  schoolhouse  site 240 

of  certificate  that  notice  of  meeting  to  establish  site  has  been 

given 241 

of  notice   for  meeting  of  supervisors   to   locate   schoolhouse 

site , 241 

of  certificate  of  establishment  of  schoolhouse  site 241 

of  certificate  of  vacancy  in  county  superintendent's  office  .... 

of  notice  of  division  of  county,  and  consequent  vacancy 242 

of  statement  of  number  of  school  children  in  the  county 243 

of  notice  of  intention  to  annul  teacher's  certificate 243 


268  INDEX, 

FORMS— Continued.  PAGE 
of  annulment  of  teacher's  certificate  and  notice  to  town 

clerk 2J4 

of  application  for  dictionary 245-217 

of  resolution  proposing  establishment  of  high  school 248 

of  notice  that  the  foregoing  resolution  will  be  submitted  to 

vote  . 218 

of  certificate  to  state  superintendent  of  establishment  of  free 

high  schools 219 

of  petition  for  submitting  question  of  town  system  of  schools  250 

of  notice  that  the  foregoing  question  will  be  submitted 250 

when  town  clerk  appoints 228 


FREE  HIGH  SCHOOL- 

board  to  determine  amount  of  tax 130 

clerk  to  report  to  state  superintendent  on  manual  training. .  .131,  135 

course  of  study;  qualification  for  admission  to 57,   123,  133 

diploma  may  be  countersigned 57 

district  may  borrow  money 100,  131 

district,  officers  of 

examination  for  establishment  of 

examination  of  teachers  of 133 

failing  to  receive  aid 

free  to  all  resident  pupils 128 

how  established 322 

inspector  provided  for 214 

in  towns,  aid  to 121,    124,  131 

joint  district  provided  for ^  122 

limited  state  certificate,  nor  elementary  normal  school  certifi- 
cate shall  qualify  as  principal  of 66 

manual  training  in 

may  establish  manual  training  department 134 

principal,  elected  city  superintendent,  shall  be  examined  by 

state  superintendent 

qualifications  of  principals  and  assistants 

report  blanks  to  be  furnished  by  state  superintendent 13 i 

residents  of  other  districts  may  attend 128,  129 

state  aid  for  manual  training  department 131-136 

state  aid  to,  limited 123,   131,  132 

state  aid  to,  may  be  withheld 131 

supervision  of,  by  state  superintendent 

theory  and  art  to  be  taught 133 

to  report  to  state  superintendent 131 


FREE  PUBLIC  LECTURES- 

in  cities 159,   160 


FREE  TEXTBOOKS- 

question  of  providing,  shall  be  submitted 27 


.INDEX.  .269 

G 

PAGE 

GENERAL  CHARTER  LAW  . .  .   172-176 


GOVERNMENT  OF  SCHOOLS - 

rules  and  regulations  for,  to  be  made  by  district  board 37 

township  system  of,  provided  for 177-191 


H 

HIGH  SCHOOL  - 

(See  Free  High  School.) 122-136 


HOLIDAYS- 

counted  in  teacher's  time 89 

legal,  shall  not  be  counted 71 

what  days  are  legal 89 


I 

INCOME  OF  SCHOOL  FUND- 

to  what  shall  be  applied 218 

how  to  be  distributed 192-196, 219 

when  to  be  apportioned 192 

to  be  applied  by  districts  to  payment  of  teachers'  wages 191 

county  treasurer  to  apply  for 191 

INDEBTEDNESS- 

loan  may  be  voted  to  refund 99 

of  district,  to  be  reported  by  district  clerk 87 

INFANT— 

land  of,  how  obtained  for  school-house  site -. . .  110 

INSPECTION-  PAGE 

of  cadets,  report  of  officer 153 

of  cadets,  suspension  from 154 

of  county  training  schools 158 

of  common  schools 77, 215 

of  schools  for  the  deaf 161 

of  state  graded  schools 60 

of  schools  of  agriculture 156 

of  free  high  schools 133, 214 

of  manual  training  departments  in  free  high  schools 134 


270  INDEX. 

INSPECTORS-  PAGE 

free  high  school 214 

school  for  the  deaf 161 

state  school 60 


INSTITUTES-  PAGE 

attendance  on,  by  teacher  without  deduction  from  wages 71 

fund,  county,  what  shall  constitute 81 

instructors  must  hold  certificates  from  state  superintendent. .  82 

instructors,  who  may  not  be  employed 83 

teachers',  to  be  held  by  each  county  superintendent 78 


INSURANCE - 

of  school  property 44 


INVENTORY— 

shall  be  deposited  with  clerk 33 


INVESTMENT— 

of  school  funds 151 


J 

JOINT  DISTRICT— 

assessments  in 95 

formation  and  alteration  of 3,   7 

may  establish  free  high  schools 122 

may  make  loan 106 

sub,  board  of  directors  to  determine  cost  of  schools 187 

sub,  clerk  of,  to  be  member  of  board  of  directors 187 

sub,  in  which  one  town  has  not  adopted  township  system 

sub,  schools  in,  how  supported 187 

sub,  taxes  for,  how  raised , 

sub,  who  to  have  control  of 187 

proceedings  by,  in  regard  to  school-house  site 110 


JOURNAL  OF  EDUCATION— 

school  officers  may  subscribe  for 149 


JUDGMENT— 

against  school  districts,  how  collected 120 

no  execution  to  issue  on 120 


INDEX.  271 


KINDERGARTEN  -  PAGE 
diploma  from    normal    school   certificate    to   teach    may  be 

countersigned 68 

may  be  established  in  cities  of  third  or  fourth  class 28 

may  be  established  in  districts  having  graded  schools 27 

may  be  provided  in  primary  grades 50,   173 

teachers,  legal  qualifications  of 68-70 


LABOR- 

child,  law 41 

day / 151 

LEASE— 

district  board  may  lease  house  or  site 33 

of  land  of  infant  for  school-house  site. .  110 


LIABILITY— 

for  expenses  incurred  in  use  of  school-house 33, 34 

for  injury  to  school-house 33, 34 

for  loans 106 

for  payment  of  loan  under  township  system 191 

of  county  for  public  charge 150 

of  county  superintendent,  for  failure  to  make  annual  report.  142 

of  district  clerk,  for  failure  to  make  annual  report 142 

of  town  clerk,  for  failure  to  make  annual  report 142 

tax  to  discharge 23 

to  removal  of  office  for  acting  as  agent 143 


LIBRARIAN— 

duties  of 116 

of  district  library,  who  may  be < 112, 116 

of  joint  libraries,  how  appointed 112 

under  township  system 116 

LIBRARY— 

(See  Public  School  Library.) 

dictionary  shall  belong  to 150 

fund,  how  obtained 114, 115 

in  incorporated  villages  and  cities  of  the  fourth  class 115 

law  may  be  suspended  in  certain  cases 115 

of  two  or  more  districts  may  be  united 112 

regulations  for 113, 114 

tax  for,  limited 23 

title  to  be  vested  in  district ,V,«  112* 


272  INDEX. 

LIMIT-  PAGE 

to  amount  of  loan 101 

to  school-district  taxes 21,22,23,26,27 

LOAN— 

application  for,  from  trust  funds,  how  authorized 102-106 

district  may  make,  on  unusual  exigency 98 

district  may  make,  to  build  scdool-house 98 

for  normal  school  fund 212 

for  university  fund 203, 204 

liability  for 106 

payment  of,  under  township  system 191 

tax  levied  to  pay 106 

to  joint  districts *  .  106 

to  refund  indebtedness 99 

to  school  districts,  limited,  how  paid 101 

to  schools  under  tow'nship  system 102, 103 

when  voted,  may  not  be  reconsidered 99 


M 

MALFEASANCE- 

official,  what  is 146 

MANUAL  TRAINING— 

departments,  state  aid  for 134, 135 

in  free  high  schools 134-136 

outline  of  work  required 135-136 

teachers  in,  to  receive  certificate  from  state  superintendent. . .  134 

MAP- 

purchase  of 23, 35 

railroad,  to  be  distributed  by  state  superintendent 

secretary  of  town  board  to  make,  and  keep  in  his  office 181 

to  accompany  appeals 138 

town  clerk  to  make  and  keep  in  his  office 92 

MEETINGS  - 

annual,  when  to  be  held 11 

formal  notice  of,  when  unnecessary. 30 

to  make  provision  for  prosecution  of  suit 

to  modify  proceedings 

notice  of  annual 11 

notice  of  annual  sub-district 187 

to  authorize  board  to  borrow  money 24,  98,  99, 100 

to  authorize  sale  of  school-house,  etc 

of  district  board,  how  called 

to  impose  tax  to  discharge  debt 

of  sub-district,  when  and  where  held  185 

of  town  boards  in  high  schools  districts '  125 

to  admit  non-residents  and  fix  tuition  fee 24 

to  authorize  purchase  of  text-books,  etc 25 

to  determine  length  of  term,  etc 25 

.to  authorize  boarcj  to  suspend  school 26 


INDEX.  273 

MEETINGS- continued.  PA  GTS 

of  sub  district  electors,  notice  of,  how  given 387 

of  town  board  of  directors 178 

powers  of  sub-district 185 

report  to  annual 11 

school  district,  powers  of 18-28 

school  district,  to  adjourn 18 

school  district,  to  appoint  chairman,  etc . .    .  .    

school  district,  to  choose  director,  treasurer,  etc 18 

special 12 

to  designate  site  for  school-house 21 

to  vote  compensation  to  district  clerk 26 

to  vote  on  free  textbooks 27 

to  vote  tax  for  site 21 

to  vote  tax  for  teachers'  wages 22 

to  vote  tax  for  maps,  etc 23 

to  vote  tax  for  district  library 23 

to  vote  tax  for  tuition  and  transportation  of  pupils 26 

to  votQ  to  establish  kindergarten 28 


MILITARY  INSTRUCTION 201,   153 


MISCELLANEOUS  LAWS- 

without  penalties  . '. 149-176 

with  penalties 142-143 


MONEYS - 

apportioned  V.y  town  clerk,  not  paid  out 195 

borrowed,  use  of 99 

collected  from  town  clerk   and   county   superintendent,  how 

apportioned 142 

collected  of  defaulting  treasurer,  how  applied 45 

collected  on  forfeitures,  how  applied 143 

collection  and  application  of 

district  may  authorize  board  to  borrow 21,   98,   99,    100 

due  new  district,  how  raised 8 

may  be  voted  by  school  districts 21-25 

not  to  be  apportioned  to  towns  failing  to  raise  amount  re- 
quired by  law 192 

not  to  be  apportioned  to  districts  which  have  not  maintained 

school  for  seven  months 192 

of  dissolved  districts,  how  disposed  of 10 

paid  to  county  superintendent  for  examination  fee 81 

to  be  paid  to  individuals  in  certain  cases 8 


MONTH— 

school,  what  shall  constitute - 71,   195 


MORTGAGE- 

on  school  property,  may  be  given  as  security 


18 


274  INDEX. 


N 

NEGLECT—  PAGE 

of  duty^ 142, 144, 147 

to  keep  school 10 


NON-RESIDENT— 

pupils  admitted 24 

tuition  fee  . .  24 


NORMAL  SCHOOLS- 

accounts,  how  made 209 

additional;  alteration  of  buildings,  etc 208 

board  of  regents,  how  composed 206 

board  of  visitors 211 

diplomas  and  certificates 211 

diplomas  and  certificates  may  be  countersigned 66 

donations,  collection  and  application  of 209 

firal  standings  may  be  accepted  by  county  superintendent. . .  62 

graduates  entitled  to  certificates 70 

income  ' 213 

kindergarten  diplomas  certificates  to  teach  and  may  be  coun- 
tersigned    68 

laws  respecting 206-213 

may  purchase  dictionaries  from  state  superintendent 149 

model  schools 210 

objects  of 210 

state  ta x:  loans 212 

teachers'  institutes,  how  held;  appropriation  for    212 


NOTICE- 

for  meeting  of  supervisors  to  alter  school  districts 5 

for  meeting  of  supervisors  to  establish  school  house-site 108 

for  teachers'  examination , 79 

in  case  of  neglect  of  inhabitants  to  assemble 

of  alteration  of  joint  school  school-district 3 

of  alteration  of  school  district 5 

of  annual  meeting 11 

of  annual  sub-district  meeting 187 

of  appeal  to  circuit  court 109 

of  apportionment  of  school  fund  income 193 

of  election  to  offices 29 

of  first  meeting  of  district 2,3 

of  special  meeting  to  include  object 12, 102 

to  vote  on  towm  hip  system. ]90 

to  owners  of  proposed  school-house  site 108 


INDEX.  275 


OATH—  PAGE 

administered  to  challenged  voter 16-18 

of  office,  state  superintendent 214 

OBSCENE  BOOKS— 

penalty  for  distribution  etc 147, 148 

OFFICERS- 

census,  duty  of 40 

duties  of  free  high  school , 127 

must  be  elected  by  ballot 18 

of  free  high  school  districts 125 

of  school  districts 29 

of  school  districts  not  to  act  as  agents,  etc 143 

public,  refusal  of,   to  deliver  moneys,  records,  etc.,  to  suc's'r  147 

to  sue  for  forfeitures 39, 143 

truant,  duty  of % 40 

truant,  to  be  appointed 40 

women  may  be 150, 176 

ORDERS— 

clerk  to  draw 48 

director  to  countersign 45 

drawn  in  favor  of  teachers 49 

tiling  of / . . . 6 

secretary  of  town  board  to  draw 182 

treasurer  to  pay  money  on . 46 

when  in  effect. .  6 


ORG  ANIZ  ATION— 

of  a  school  district 4 

of  free  high  schools 122, 126 


PAYMENT— 

of  loans  under  township  system 191 


PARENTS,  GUARDIANS,  ETC.- 

required  to  send  children  to  school 39 

PENALTIES- 

(See  "Fines  and  Forfeitures.") 


PHYSICAL  EDUCATION. .  151 


276  INDEX. 

PHYSIOLOGY  AND  HYGIENE  —  PAGE 

provision  shall  be  made  for  instruction  in 50 

textbooks  in,  to  be  approved   50 

POWERS  — 

corporate,  of  a  district 4, 33 

of  a  district  meeting 18-28 

of  a  school  board 29-41 

of  a  special  meeting 12 

of  sub-district  meeting 185 

PROCEEDINGS  — 

by  joint  districts  in  regard  to  school-house  site 110 

irregularities  in,  in  attempt  to  establish  township  system 191 

may  be  altered  or  modified 27 

PROPERTY  — 

division  of 

of  a  district,  to  be  in  care  of  board 33 

of  dissolved  district 10 

personal,  taxable  for  school  purposes 95 

PROSECUTION  — 

of  action  in  which  district  may  be  interested 

of  town  treasurer  for  recovery  of  money 48, 93 

by  voter,  of  action  for  forfeiture 144 

PUBLIC  SCHOOL- 

state,  admission  of  deformed  children 152 

textbooks,  shall  not  inculcate  sectarian  ideas 43 

to  be  maintained  at  least  seven  months 192 

PUBLIC  SCHOOL  LIBRARIES- 

adjoining  districts  may  unite    

books  to  be  distributed  among  school  districts 115 

books  to  be  purchased  annually  by  town  clerk 115 

dictionary  to  belong  to ! 150 

farm  institute  bulletins 116 

librarian,  who  shall  be 112,   116 

money  shall   be  withheld  from  school  fund  income  in  each 

town  to  purchase 

regulations  concerning 113-114 

PUPILS- 

expulsion  of 37 

transportation  of. .  26-180 


QUALIFICATIONS— 

of  kindergarten  teachers 68-70 

of  teachers 52-72 

of  voters  . .  13-16 


INDEX.  277 


RAILROAD  MAPS—  PAGE 

to  be  distributed  to  schools.  .  152 


REAL  ESTATE— 

district  may  hold 4 

taxes  on,  how  assessed  and  collected 96 

valuation  of . .  95 


RECORDS- 

lost,  restoration  of 5 

of  school  district,  to  be  kept  by  clerk 48 

RE-EXAMINATION— 

of  applicants  refused  certificates  by  county  superintendents. .  55 

REFUSAL - 

of  certificate  by  county  superintendent 55 

of  public  officer  to  deliver  moneys,  records,  etc.,  to  successor.  147 

of  school  district  office,  in  writing 29,31 

of  town  board  to   carry  into  effect  decision  of  state  superin- 
tendent .  143 


REGISTER— 

neglect  to  keep,  forfeits  wages 72 

to  be  furnished  teacher  by  district  clerk  or  secretary. . ., 49,183 

what  to  contain,  etc 72,233-236 


REGULATIONS  AND  RULES- 

district  board  to  make 37 

prescribed  by  state  superintendent  for  libraries 118, 119 

relating  to  appeals 138-141 

REMOVAL- 

of  county  superintendent 144 

of  district  officers  for  neglect  of  duty 142 

REPAIRS  OP  SCHOOL  HOUSES- 

county  superintendent  to  direct 77 

district  board  to  attend  to 

tax  to  be  voted  for. .  21 


REPORTS - 

blanks  for,  to  be  furnished  by  state  superintendent 91 

of  board  of  visitors  to  normal  schools 211 

of  city  superintendent  or  clerk 

of  clerk  of  joint  district 88 


278  INDEX. 

REPORTS— Continued.  PAGE 

of  county  superintendent 82,90 

of  district  clerk 86, 87 

of  district  treasurer 46 

of  free  high  school 127, 131 

of  incorporated  academies 152 

of  inspecting  officer,  cadet? 153 

of  secretary  of  town  board  to  county  superintendent 183 

of  state  superintendent 216 

of  town  clerk 89, 92 

of  regents  of  normal  schools 

of  regents  of  state  university 

of  secretary  to  board  of  supervisors 182 

of  state  graded  schools 

of  sub-district  clerk  to  secretary  of  town  board 186 

of  teacher  to  the  board,  etc 72 

to  state  super  n  endent  on  instruction  of  deaf  mutes 160 


RESIDENCE- 

of  children 87-89 

of  county  superintendent 81 

of  voter,  how  determined 13-18 


RESIDENT— 

who  shall  be  deemed . .  150 


RULES - 

may  be  made  by  district  board 

respecting  appeals 138-141 


RESTORATION- 

of  lost  records ..  5 


REVOCATION- 

of  state  certificates 65,  67,  84 


S ALARY  - 

of  county  superintendent 74-7 

of  district  clerk  provided  for ^ 26 

of  secretary  town  board  of  school  directors 179 

of  members  of  executive  committee,  township^syetem 179 

of  state  superintendent 218 


SALE  — 

of  school  property 10,  23,  33,  180 


INDEX. 


SCHOLARS  -  PAGE 

age  of,  to  attend  school  free 219 

may  be  admitted  from  other  districts 24, 128 

may  be  suspanded  or  expelled 37 

residence  of 24,  86-89 


SCHOOL  — 

attendance  at,  compulsory 39 

for  the  blind 83 

for  the  deaf 83,  160 

for  crippled  children 152 

of  agriculture  and  domestic  economy .__ 154-157 

county  training  for  teachers 157-159 

neglect  to  keep 10 


SCHOOL  BOARD— 

duty  of,  to  appoint  truant  officers 40 

in  cities  of  the  first  class 162-172 

may  admit  pupils  free  of  tuition 

may  arrange  with  adjoining  districts  for  instruction  of  pupils.  26 

may  expel  pupils 37 

may  purchase  books  and  stationery 35 

may  purchase  maps,  charts,  etc 35 

may  purchase  Bchool  books  in  certain  cases 35 

may  suspend  pupils 37 

may  suspend  school 26 

of  city  may  invest  school  funds 151 

to  approve  purchases ' 35 

to  contract  with  teachers 36 

to  determine  sum  necessary  to  be  raised 36 

to  determine  time  school  shall  be  taught 25 

to  determine  what  textbooks  shall  be  used 42 

to  have  care  of  school-house 

to  keep  account  of  expenses 35 

to  keep  school-house  in  repair 173 

to  fix  compensation  for  truant  officers 40 

to  make  application  for  loan 101 

to  make  rules  and  regulations  regarding  loan  of  textbooks  ...  25 

to  make  rules  for  government  of  schools. 37 

t  o  provide  necessary  appendages  for  schoolhouse 33, 34 

to  purchase  flag 35 

to  visit  andsupervise  schools 44 

SCHOOL  BOOKS— 

annual  meeting  must  vote  on  free  textbooks 27 

boards  in  cities  may  purchase 43 

city  and  village  boards  of  education  may  adopt 42, 43 

district  board  may  purchase  for  indigent  pupils 

district  board  shall  determine  what  shall  be  used 

districts  may  authorize  board  to  purchase 25 

state  superintendent  to  recommend 

who  not  to  deal  in . .                                                 143 


SCHOOL  CENSUS  - 

relating  to 86,  87,  90,  183,   186 


280  INDEX. 


SCHOOL  DISTRICTS-  PAGE 

accounts  may  be  examined  ..................................       19-20 

alteration  of  ................................................         2,   5 

alteration  of,  in  town  or  village  ...........................    • 

alteration  of,  not  to  take  effect  for  three  months,  in  certain 

cases  ........................................  ...  .......... 

boundaries  not  to  be  changed  under  certain  conditions  ....... 

contracts  with  ............................................. 

corporate  powers  of  ........................................ 

extinguishment  of  .,v  ..............................  .  ......... 

formation  and  alteration  of,  under  township^  system  .........  177 

how  formed  ____  ............................................ 

joint,  how  formed  ......................................... 

judgment  against,  how  collected  ............................ 

loan  limited;  how  paid  ...........................  .......... 

may  authorize  district  board  to  borrow  money  .....  ........  24,   98-100 

may  have  board  of  seven  members  .......................... 

may  receive  state  aid  for  graded  schools  .....................     57,   62 

meetings,  annual,  when  to  be  held  .......................... 

name  ...................................................... 

notice  for  first  meeting  of  ..................................         2,   3 

notice  for  annual  meeting  of,  how  given  ..................... 

notice  for  special  meeting  .....................  ..............  12 

notice,  meeting  of  board  ..................................  30 

not  to  be  altered  so  as  to  leave  indebtedness  exceeding  five  per 

centum  valuation  ....................  .................... 

not  to  be  changed  between  first  day  of  December  and  first  day 

of  April  following  .......................................  6 

officers  of,  to  file  written  acceptance  of  office  ................ 

officers  of  .  .  .,  ...............................................     29,   33 

powers  of  ..................................................       18-28 

property  of,  dissolved  ................  .  .....................  . 

qualification  of  voters  in  ....................................       13-18 

size  of  ........................................  ............. 

to  consist  of  contiguous  territory  ............................ 

under  township  system,  what  shall  constitute  ...............  177 

when  to  be  considered  organized  ..........  *.  .................  4 


SCHOOL  FUND3- 

investment  of 151 

what  is;  interest  of,  how  applied 2 18 


SCHOOL  FUND  INCOME  - 

apportionment  of,  by  state  superintendent 192, 196 

how  distributed 192-196, 219 

may  be  withheld 192 

to  be  used  in  payment  of  teachers'  wages 36, 49, 193, 219 


SCHOOL-HOUSE- 

board  shall  have  care  of 33 

compensation  to  be  made  for  site  of 108 

district  board  to  provide  appendages  for 

kept  in. repair. 1 

may  be  declared  unfit  for  use 78 

may  be  sold ,  ....  10,23,33,180 


INDEX.  281 

SCHOOL  HOUSE-Continued.  PAGE 

purchase  of 33 

repairs  on,  may  be  ordered  by  county  superintendent 78 

site  of,  how  designated  and  established 21, 108,  111 

site  of,  quantity  of  land 1 10 

tax  to  build,  how  limited 21 , 27 

town  board' of  directors,  shall  have  care  of 178 

use  of 33 


SECRETARY  — 

and  superintendent  in  cities 173 

SECRETARY  OF  TOWN  BOARD  — 

to  assist  in  regard  to  libraries 116 

to  be  free  high  school  clerk 126 

to  certify  to  town  clerk  estimate  of  expenses 184 

to  certify  record  of  changes  in  sub-districts  to  clerk 181 

to  draw  orders  on  town  treasurers 182, 188 

to  furnish  school  registers 183 

to  have  supervision  of  schools 182 

to  make  itemized  estimate  of  amount  necessary  for  support  of 

.schools • 182 

to  make  map  of  town 18 L 

to  report  to  county  superintendent ,.  183 

to  report  to  board  of  supervisors 182 


SECTARIAN  INSTRUCTION  — 

textbooks,  inculcating,  not  to  be  used    ......................  43 

prohibited  .......  .'  ...........................  .  .........    ...  219 


SITE  OF  SCHOOL 

buildings,  etc.,  provided  for  .................................  180 

compensation  to  be  made  for  .....  .  ..........................  108 

how  established  .........................................  21,  108-111 

infant's  land,  how  obtained  .................................  110 

purchase  or  lease  of  ..................  '.  .....................  33 

quantity  of  land   .....................  ;  .....................  110 

tax  for  .....................................................  21 

to  revert  to  original  owner  ..................    ...............  110 

SCHOOL  FUND  - 

distribution  of  income  of  ......  ..........................  192-196,219 

how  formed  ................................................  218 

tax  for..  195 


SCHOOL  MONTHS- 

what  shall  constitute 71, 195 

SCHOOL  REGrSTER- 

teacher  shal  1  keep , ., 72 

to  be  furnished  by  clerk  or  secretary  and  kept  by  teacher 49, 183 

what  to  contain,  etc ....72,233-236 


2§2 


SPECIAL  DISTRICT  MEETING—  ' 

notice  for 12 

powers  of 12 

SPECIAL  LICENSES- 

may  be  granted  on  diplomas  from  accredited  institutions 66 

may  be  granted  on  diplomas  from  university  of  Wisconsin  and 
Wisconsin  normal  schools. . .  70 


STANDARD— 

of  attainments  of  teachers. . .  54 


STATE  BOARD  OF  HEALTH— 

to  join  with  state  superintendent  in  approval  of  textbooks  in 
physiology  and  hygiene 50 

STATE  CERTIFICATES  - 

branches  required  for 64 

diplomas  of  graduates  of  Milwaukee  high-school  when  coun- 
tersigned, become 67 

diplomas   of  graduates  of  state  normal  schools  and  state  uni- 
versity, when  countersigned,  become. . 66 

foreign,  may  be  countersigned 66, 70 

limited 65 

may  be  granted  to  holders  of  diplomas  from  accredited  institu- 
tions   66,70 

provided  for 63, 71 

record  of,  to  be  made  by  state  superintendent 64 

revocation  of 65, 67 


STATE  GRADED  SCHOOLS— 

application  for  aid,  amount  of 59 

apportionment  of  aid  to 58 

average  daily  attendance  required 58 

classes  of •          58 

course  of  study,  reports 60 

equipment  required 59 

inspectors  for,  how  appoited,  duties    i 60 

length  of  school  year ; 58 

number  of  such  schools  limited,  cities  excluded 

qualification  of  teachers  in 58 

STATE  INSTITUTIONS- 

may  purchase  dictionaries  from  state  superintendent 149 

STATE  SUPERINTENDENT— 

and  assistants,  shall  not  act  as  agents,  etc 143 

assistants,  clerks,  etc 214 

authorized  to  countersign  diplomas  from  state  university  and 

normal  schools 66 

duties  of 215-217 

how  chosen,  powers  and  compensation 218 

may  countersign  certificates  granted  by  other  states 66 


INDEX. 


STATE  SUPERINTENDENT—  continued.  .  PAGE 

may  countersign  diplomas  from  Milwaukee  high  school  ......  67 

may  countersign  diplomas  from  normal  school  kindergarten 

departments  .............................................  68 

may  examine  principals  of  high  schools,  who  shall  be  elected 

city  superintendent  ...................................  ....  63 

may  grant  special  licenses  on  recommendation  of  state  board.  66 

may  issue  certificates  on  re-examination  ....................  55 

may  purchase  dictionaries  ..................................  150 

may  require  statement  of  whole  number  of  children  residing 

in  any  district  ........................  ....................       86,87 

may  revoke  state  certificate  .................................       65,  67 

not  to  apportion  money  in  certain  cases  ....    ...............  192 

office  provided  for  .  .  ........................................  2  17 

term  and  oath  ...............................  ...............  214 

\o  advise  with  county  superintendents  as  to  standard  of  at- 

tainments for  county  .....................................  54 

to  appoint  agents  to  conduct  institutes  ----  :  .................          212 

to  appoint  board  of  examiners  .............................. 

to  appoint  county  superintendent  in  certain  cases  ............  74 

to  appoint  inspector  of  schools  for  deaf  ................... 

to  apportion  aid  to  free  high  schools  ........................  123,   131 

to  apportion  the  school  fund  income  ........................  216 

to  approve  maps,  charts  and  school  apparatus  .............. 

to  approve  qualification  of  teachers  of  deaf  mutes  ............  160 

to  approve  textbooks  in  physiology  and  hygiene  .............  50 

to  approve  the  qualifications  of   principals  and  assistants  of 

high  schools  .............................................  128 

to  certify  aid  to  training  schools  for  teachers  ................  159 

to  certify  aid  to  schools  of  agriculture  and  domestic  economy.  157 

to  certify  aid,  to  deaf  schools  ...............................  160 

to  certify  apportionment  of  school  fund  income  to  secretary  of 

state  .................................................  ....          193 

to  certify  manual  training  departments  to  secretary  of  state  .  .  134 

to  certify  to  expenses  of  board  of  examiners  ...  ...............  65 

to  collect  books  and  school  apparatus  ....................... 

to  decide  appeals  ............................  .  ..............  137,  216 

to  designate  counties  in  which  teachers'  institutes  shall  be 

held  .....................................................          212 

to  distribute  railroad  maps  .......................  .  ..........  152 

to  establish  standard  of  qualifications  for  and  grant  certifi- 

cates to  teachers  in  manual  training  departments  .......... 

to  furnish  amendments  to  laws  ............................. 

to  furnish  blanks  for  reports  of  free  high  schools  ............ 

to  furnish  copies  of  records      ...............................  216 

to  furnish  county  superintendent  certificate  of  attendance  on 

convention  ...............................................  7^ 

to  furnish  library  record  books  .............................. 

to  furnish  officers  with  blanks  for  annual  reports  ............  91,   215 

to  give  information  and  assistance  to  manual  training  depart- 

ments ....................................................  J*t 

to  give  notice  of  apportionment  to  county  clerk  and  treasurer 

to  hold  two  conventions  of  county  superintendents  each  year.  216 

to  inspect  schools  .................................  ;  ..... 

to  issue  certificates  to  graduates  of  University  of  Wisconsin 

and  Wisconsin  normal  schools  ...........................  70 

to  issue  circulars  and  bulletins  of  information  ......  .'  ........  ^15 

to  issue  county  superintendents'  certificates  ................. 

to  make  record  of  state  certificates  .........................  64 


284:  INDEX. 

STATE  SUPERINTENDENT-Continued.                           .  PAGE 

to  make  rules  for  the  government  of  institutes 212 

to  notify  school  officers  of  neglect  to  make  report 193 

to  pay  to  state  treasurer  money  received  from  sale  of  diction- 

.  aries 150 

to  prepare  and  furnish  list  of  books 115 

to  prepare  and  furnish  courses  of  study 215 

to  prepare  a  report  to  the  governor 216 

to  prepare  a  course  of  study  for  free  high  schools 133 

to  prescribe  rules  for  libraries 215 

1  to  prescribe  rules  for  state  examinations 63 

with  state  examiners  may  determine  additional  branches  for 

unlimited  state  certificates 61 

to  print,  index  and  distribute  laws  relating  to  schools 215 

to  prohibit  use  of  sectarian  books 215 

•      to  recommend  textbooks 215 

to  render  account  of  dictionaries  sold  in  report  to  governor.. .  150 

to  secure  uniformity  of  text-books 215 

to  supply  farm  institute  bulletins  to  public  libraries 

to  suspend  library  law 115 


STATIONERY  — 

purchase  of 35 

STUDIES  — 

in  which  applicants  for  certificates  are  to  be  examined 52,53,64 

in  which  principals  of  free  high  schools  are  examined 1:28 

physiology  and  hygiene 50 

what  shall  be  taught  in  district  schools 50 

SUB  DISTRICT  — 

appoint ment  of  clerk 187 

establishment  of  schools  in 160 

formation  and  alteration  of 3  77 

joint,  who  to  have  control  of 187 

meeting,  when  and  where  held 

what  shall  constitute . .                                 177 


SUB-DISTRICT  CLERK  — 

appointment  of 187 

duties  of 185 

to  act  as  secretary  of  meetings 187 

to  be  a  member  of  town  board 186 

•..*  to  certify  sum  necessary  for  payment  of  indebtedness 191 

to  give  notice  of  annual  meeting 187 

to  have  charge  of  school  house 185 

to  report  to  secretary  of  town  board 186 

SUIT  — 

against  district,  director  to  defend 45 

district  to  give  direction  for  prosecution  or  defense  of 26 

SUMMER  SCHOOL— 

of  science 205 


INDEX.  285 

SUPERINTENDENT-  PAGE 

of  cities , 62, 173 

(For  powers  and  duties  generally,  see  County  Superintend- 
ent.) 


SUPERVISORS  - 

(See  Town  Board  of  Supervisors  and  County  Board  of  Su- 
pervisors ) 


TAXES - 

annual  school 219 

apportionment  of,  under  township  system,  for  buildings,  etc.. 

assessment  of  district 95 

collection  of,  in  joint  districts  where  one  town  is  not  under 

township  system 188 

deficiency  in" 36, 184, 192 

district  clerk  to  deliver  statement  of,  to  town  clerk 96 

for  expense  of  transportation  of  pupils 26 

for  free  high  schools 130 

for  furnishing  free  textbooks 27 

,    for  instruction  of  pupils  in  another  district 26 

for  library,  limited '23 

for  normal  schools 212 

for  payment  of  teachers'  wages 22 

for  purchase  of  apparatus  ...... 23 

for  school-house  and  site,  limitation  of 21, 22 

for  university 203 

limitation  on 22, 23 

not  to  be  voted  at  special  meeting  unless  three  fourths  of  legal 

voters  are  notified  of  the  meeting 12 

school  district,  on  what  property  to  be  assessed 95 

school  fund,  apportionment 195 

special,  in  cities  of  third  and  fourth  classes.     (See  borrowing  ~^~ 

money) 101 

to  be  apportioned  by  town  clerk 184 

to  be  assessed  by  town  clerk 96 

to  be  raised  by  towns  and  cities  for  support  of  schools 192 

to  discharge  debts 23,99,106 

to  pay  judgment  against  district,  how  assessed  and  collected. .  120 

to  raise  money  due  new  districts,  how  assessed 8 

validity  of,  under  irregular  proceedings 191 


TEACHERS— 

certificates  may  be  annulled 63 

contract  to  be  in  writing 181 

of  state  graded  schools,  qualifications 58 

lax  for  wages  of,  limited 22 

to  be  examined  and  licensed 52-71 

to  forfeit  wages  for  neglect  to  keep  register 72 

to  keep  register. ......' 72 

to  report  to  district  board  and  county  superintendent 72 

wages  to  be  paid  from  school  fund  income 49 


286  INDEX. 

TEACHERS'  INSTITUTES-  PAGE 

appropriation  for 

how  held  aod  cond ucted 212 

teachers  may  be  allowed  to  attend 71 

to  be  held  by  county  superintendent 78 

TERMS  - 

of  school,  may  be  fixed  by  vote  of  district 25 


TEXT-BOOKS- 

adoption  of,  in  cities 43 

choice  and  change  of 43 

in  physiology  and  hygiene,  approved  by  state  superintendent 

and  board  of  health. 50 

list  of,  adopted,  not  to  be  changed  for  three  years 42, 43 

majority  vote  necesaary  to  change 42 

penalty  for  changing  the  list  of,  adopted 44 

purchased  by  boards  in  cities,  on  what  conditions 43 

purchase  of,  authorized 25 

shall  not  inculcate  sectarian  ideas 43 

state  superintendent  to  recommend  introduction  of  approved  215 

to  be  loaned  pupils 25 

to  make  list  of,  file  with  the  clerk,  and  post  in  the  school-house  42 


TOWN  BOARD  OF  DIRECTORS  — 

compensation  of  secretary '  179 

executive  committee,  how  constituted 181 

may  arrange  for  transportation  of  pupils 180 

may  provide  schoolsites,  buildings,'  etc 180 

may  repair  school  property 

may  sell  school  house  and  site  when  no  longer  needed 

meetings,  when  and  where  held,  notice  of 178 

officers  of 178 

powers  of 177, 181 

secretary's  duties   181 

secretary  or  president  of,  to  call  special  meetings 178 

shall  have  care  of  school-house 178 

to  determine  amount  of  money  necessary  for  support  of  schools          180 

to  have  powers  of  district  boards 181 

to  make  rules  and  regulations  for  schools 180 

to  establish,  maintain  and  supervise  schools 180 

what  shall  constitute 177 


TOWN  BOARD  OF  SUPERVISORS  - 

to  allow  certain  amount  to  district  for  each  public  charge.    . .  150 

to  call  meeting  in  district  having  no  officers  to  call  same 3 

to  consolidate  districts 1 

to  determine  amount  of  property  due  new  district 

to  dispose  of  property  of  dissolved  district 10 

to  establish  school-house  site 108 

to  forfeit  sum  for  neglect  or  refusal  to  carry  into  effect  deci- 
sion of  state  superintendent  143 

to  form  and  alter  school  districts 1 

to  give  notice  of  alteration 5,  6 

to  give  notice  to  owners  of  proposed  school-house  site 108 


r      :      .             INDEX.  287 

TOWN  BOARD  OP  SUPERVISORS-Continued.  PACK 

to  issue  notice  for  first  district  meeting 2 

to  make  order 2 

to  meet  to  form  districts 3 

to  present  estimates  at  town  meeting 183 

TOWN  CLERK— 

certificate  of  appeal  to  be  filed  with 121 

compensation  for  time  devoted  to  library  work 115 

liable  to  removal  for  refusal  to  carry  into  effect  decision  of 

state  superintendent 143 

liability  for  neglect  to  make  annual  report 142 

may  subscribe  for  Journal  of  Education 149 

to  apportion  free  high  school  tax 130 

to  apportion  school  moneys 92,   194 

to  apportion  sums  voted 184 

to  assess  amount  of  judgment  against  district 120 

to  assess  taxes 96 

to  expend  library  fund 114,   115 

to  file  reports  and  papers 92 

•to  fill  vacancy  in  district  board 31 

to  include  in  taxes  sum  certified  by  secretary  of  town  board. .  36,   184 

to  keep  record  of  books 114,   115 

to  make  a  map  of  town 92 

to  make  records  concerning  school  districts t      92 

to  post  notice  of  vote  on  township  system 190 

to  re-apportion  money  not  called  for  in  a  year 195 

to  report  name  and  address  of  himself  and  district  clerks  to 

county  superintendent 92 

to  report  to  county  superintendent 89,  92 

to  see  that  district  clerks  make  correct  reports 92 

TOWNSHIP  LIBRARY 114,  119 

TOWNSHIP  SYSTEM  OF  SCHOOL  GOVERNMENT  — 

cannot  be  abolished  for  two  years 190 

cities  and  villages  exempt  from  operation 

compensation  of  secretary  of  board 179 

electors  of  incorporated  villages  may  vote  on 190 

free  high  school  board,  who  shall  constitute 126 

irregularities  in  proceedings 19 L 

loans  to  schools  under 102 

may  be  voted  on 390 

meetings  of  town  board  of  directors 178 

members  of  executive  committee 179 

order  to  abolish 190 

of  school  government 177-191 

who  shall  be  librarian  under 116 

TOWN  TREASURER  - 

prosecution  of,  by  district  treasurer     

to  apportion  moneys  received  through  liability  of  school  officers  142 

to  be  high  school  treasurer  under  township  system 126 

to  certify  amount  paid  by  him  to  districts  previous  year 

to  certify  to  town  clerk  amount  of  school  money  in  his  hands..  93 

to  pay  money  on  order  of  president  or  secretary  of  town  board  184 

to  prosecute  county  treasurer 

to  receive  and  pay  out  school  money 92, 102, 185 

to  withhold  money  for  library ". 114 

I 


288  INDEX. 

TRANSFER  -  PAGE 

of  deficiency  in  county  school  tax 192 

TRANSPORTATION  — 

of  pupils t 26,189 

tax  to  cover  expense  of 26 

TRU A NT- 
officers,  compensation  for 40 

TRUST  FUNDS  - 

loans  may  be  made  from 98, 99, 100, 101, 102, 103, 106 

TUITION- 

fee  for  non  resident  pupils 24 

provided  for  in  certain  cases 26 

in  district  schools 219 

in  free  high-school,  how  paid  in  certain  cases 128, 130 

in  normal  schools 211 

in  university 201 


u 

UNIVERSITY— 

board  of  regents;  how  composed 19*7 

diploma  may  be  countersigned 66, 201 

funds  for  support  of .  202 

graduates  entitled  to  certificates 70 

income,  use  of 199 

laws  in  relation  to 197-205 

may  purchase  dictionaries  from  state  superintendent 149 

military  instruction t 201 

object  and  departments •    200 

establishment  of 197 

open  to  both  sexes , , 201 

powers  of  board;  officers 197 

president  of 200 

summer  school  of  science 205 

tax  for,  and  appropriation  of  part;  loans Ii03 

the  observatory 205 

tuition 201 

other  colleges  may  be  added 199 


V 

VACANCY— 

in  office  of  town  board  of  directors 179 

on  school  board,  how  filled 31 

what  may  cause 31,  33 

VALUATION— 

of  property  in  joint  districts,  to  be  equalized  by  town  assessors  95 

of  realty 95 

of  district  property,  how  determined 

of  district  property  when  change  is  made  to  township  system.  188, 189 


%     INDEX.  289 

VIOLATION—  PAGE 

of  law  by  public  officer 1  47 

(See  Penalties) 142-148 

VISITING  SCHOOLS- 

required  of  school  officers. 44, 77, 133, 134, 182, 215 

by  high  school  inspector 214 

by  deaf  school  inspector 161 

by  state  school  inspectors 60 

VOTERS— 

may  prosecute  action  for  recovery  of  forfeiture 144 

may  vote  on  township  system 190 

separate  ballot  boxes  for 15 

to  reside  in  district  thirty  days 13 

who  may  be 13-18 


WAGES  OP  TEACHERS— 

public  money  to  be  applied  in  payment  of 49, 194 

tax  voted  to  pay 22 

to  be  specified  in  contract 36 

when  forfeited 72 

WEBSTER'S  DICTIONARY— 

•forms  of  application  for 245, 247 

how  distributed 149 

state  superintendent  may  purchase 149 

WOMEN— 

eligible  as  school  officers 150, 176 

may  vote .,.,,,., 1^ 

19 


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TU   UbbUD 


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